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VOGT v. EMPIRE BLUE CROSS & BLUE SHIELD

244 A.D.2d 283 (1997)

666 N.Y.S.2d 5

Harold E. Vogt et al., Appellants, v. Empire Blue Cross and Blue Shield et al., Respondents

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

November 25, 1997

The motion court properly dismissed the former Empire directors' complaint, which sought, in essence, to set aside defendants' stipulation. Empire's corporate resolutions to confer free lifetime health insurance upon its former directors violated Insurance Law § 4312 (b), and therefore were illegal and unenforceable (Matter of New York State Med. Transporters Assn. v Perales, 77 N.Y.2d 126, 131-132).

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