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ANDUJAR v. LENOX HILL HOSP.

226 A.D.2d 179 (1996)

641 N.Y.S.2d 532

Carlos Andujar, Individually and as Administrator of The Estate of Debbie A. Andujar, Deceased, Respondent, v. Lenox Hill Hospital, Respondent, and Medical Department Pension Committee, Joint Industry Board of the Electrical Industry, Appellant, et al., Defendant

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

April 11, 1996

Plaintiff's medical malpractice and wrongful death claims, which are founded in tort and are premised on JIB's vicarious liability for the negligence of its employees or agents, are not preempted by the Employee Retirement Income Security Act of 1974 (ERISA) since the claims do not implicate the administration of the ERISA-qualified plan itself (Dukes v U.S. Healthcare, 57 F.3d 350 [3d Cir...

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