BRANDENBERG v. BLUE CROSS & BLUE SHIELD OF GREATER NEW YORK


78 A.D.2d 534 (1980)

Peter A. Brandenberg, Respondent-Appellant, v. Blue Cross and Blue Shield of Greater New York, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 15, 1980


Order modified, on the law, by adding thereto, after the provision denying defendant's motion, the following: "except that the third cause of action of the complaint is dismissed." As so modified, order affirmed, without costs or disbursements.

The allegations set forth in the third cause of action do not demonstrate that defendant, an insurer, has engaged in a fraudulent scheme evincing moral turpitude and wanton dishonesty so as to imply a criminal indifference...

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