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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46284 Justice Bucaria IN 1995, plaintiff hyperbaric oxygen therapy program operator agreed to restore and operate defendant hospital’s hyperbaric chamber. Plaintiff, which agreed to a “$200,000 one time” labor, materials and engineering expenditure, was entitled to 100 percent of the amounts that the hospital billed patients for the chamber’s use. Plaintiff’s contractual breach action was grounded on defendant’s alleged oral contract extension and its collection of less than 15 percent of the fees owed to plaintiff. The court denied summary judgment. It found that an inference that the hospital entered a five-year contract or orally extended the final year raised fact questions whether the county and hospital were estopped from denying obligations for the year ending April 28, 2000. It also found that the hopital’s failure to make collection efforts on plaintiff’s behalf raised an issue as to its breach of a reasonable or best efforts clause in the parties’ agreement.

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