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MATTER OF EMPIRE BLUE CROSS LITIG.

164 Misc.2d 350 (1994)

622 N.Y.S.2d 843

In the Matter of Empire Blue Cross & Blue Shield Customer Litigation. Alfred S. Minihane, on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Jerry Weissman et al., Defendants.

Supreme Court, New York County.

December 15, 1994

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City (Steven Z. Hodaszky of counsel), for Jerry Weissman, defendant. Oppenheimer, Wolff & Donnelly, New York City (Christopher Jones of counsel), for Albert A. Cardone, defendant. Willkie, Farr & Gallagher, New York City (Louis A. Craco of counsel), for Empire Blue Cross & Blue Shield, defendant. Scheingold & Sporn, P. C., New York City (Samuel P. Sporn of counsel), for Alfred C. Minihane, plaintiff. Wolf, Popper, Ross, Wolf & Jones, New York City (Stephen D. Ostreich and Chet B. Waldman of counsel), for Jeffrey Rubin, plaintiff. Wechsler, Skirnick, Harwood, Halebian & Feffer, New York City (Robert Skirnick and Daniella Quitt of counsel), for Richard S. Heller, plaintiff. Ginsberg & Broome, P. C., New York City (Alvin Broome of counsel), for Ginsberg & Broome, P. C., plaintiff.

HERMAN CAHN, J.

Motion sequence numbers 002 and 003 are consolidated for disposition and are disposed of in accordance with this decision.

Defendants move to dismiss the complaint pursuant to CPLR 3211 (a) (7) and 3016 (b). Plaintiffs seek class certification.

Plaintiffs allege that defendants defrauded policyholders by filing false and inaccurate financial reports with the New York State Department...

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