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BLAINE v. CHP

179 Misc.2d 331 (1998)

687 N.Y.S.2d 854

Rebecca Blaine et al., Plaintiffs, v. Community Health Plan, Defendant.

Supreme Court, Albany County.

December 15, 1998

Attorney(s) appearing for the Case

O'Connor, Yoquinto & Ryan, Troy (William D. Yoquinto of counsel), for defendant. Cusick, Hacker & Murphy, Latham (John F. Harwick of counsel), for plaintiffs.

HAROLD J. HUGHES, J.

Defendant Community Health Plan (CHP) moves pursuant to CPLR 3211 for an order dismissing plaintiffs' medical malpractice action on the ground that it is preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (29 USC § 1144 [b] [2] [B]) and barred by Public Health Law § 4410. In the alternative CHP seeks an order...

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