NEALY v. US HEALTHCARE HMO


251 A.D.2d 144 (1998)

674 N.Y.S.2d 332

Susan Nealy, Individually and as Administratrix of The Estate of Glenn Nealy, Deceased, Respondent, v. US Healthcare HMO et al., Defendants, and Ralph Yung, Appellant

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

June 18, 1998


Plaintiff alleges that her decedent husband died of cardiac arrest during delay in the processing of application for proper medical care and treatment. Her wrongful death action was removed to Federal court in 1993, where it was dismissed against the institutional defendants (including defendant Dr. Bernstein, acting in an administrative capacity) because of statutory preemption under the Employee Retirement Income Security Act ([ERISA] 29 USC § 1144) (

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