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SHIFFMAN v. EMPIRE BLUE CROSS AND BLUE SHIELD

256 A.D.2d 131 (1998)

681 N.Y.S.2d 511

FELIX SHIFFMAN, Respondent, v. EMPIRE BLUE CROSS AND BLUE SHIELD et al., Defendants, and CBS INC. et al., Appellants.

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

Decided December 15, 1998.

In this action for civil trespass, it is undisputed that defendants gained entry to plaintiff's private medical office by having a reporter pose as a potential patient using a false identity and bogus insurance card. We agree with the motion court that defendants' affirmative defenses based upon consent and implied consent to enter the premises were legally insufficient since consent obtained by misrepresentation or fraud is invalid (see, Restatement [Second] of Torts...

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