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HUMBACH v. GOLDSTEIN

229 A.D.2d 64 (1997)

653 N.Y.S.2d 950

Thomas Humbach, Plaintiff, v. Arlene J. Goldstein et al., Respondents, et al., Defendants. Oxford Health Plans, Inc., Nonparty Appellant

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

February 24, 1997

Attorney(s) appearing for the Case

Brown Raysman & Millstein, L. L. P., New York City (Catherine M. McGrath and Nanette C. Heide of counsel), for nonparty appellant.

Thurm & Heller, New York City (John T. O'Dwyer of counsel), for respondents.

BRACKEN, J. P., and THOMPSON, J., concur with GOLDSTEIN, J.; McGINITY, J., concurs in the result only.

GOLDSTEIN, J.

At issue here is whether the appellant Oxford Health Plans, Inc. (hereinafter Oxford), the plaintiff's health insurance carrier, should be permitted to intervene as a coplaintiff in the plaintiff's action to recover damages for personal injuries resulting from his fall down an elevator shaft on November 13, 1992. Oxford alleges that as a result of the accident, the plaintiff filed a claim with it...

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