BLUE CROSS & BLUE SHIELD OF WESTERN NEW YORK, INC. v. PREFERRED ASSURANCE CO., INC.


212 A.D.2d 888 (1995)

622 N.Y.S.2d 368

Blue Cross and Blue Shield of Western New York, Inc., Appellant, v. Preferred Assurance Company, Inc., et al., Respondents

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

February 9, 1995


Casey, J.

It is well established in New York that a mere conspiracy to commit a tort is not itself a cause of action (Alexander & Alexander v Fritzen, 68 N.Y.2d 968, 969). Plaintiff contends that the allegations of conspiracy merely connect "nonactors", who might otherwise escape liability, with the tortious acts of one or more of their coconspirators. The amended...

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