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JAFFE v. COHEN

248 A.D.2d 297 (1998)

670 N.Y.S.2d 89

Philip Jaffe, Appellant, v. Paul Cohen et al., Respondent

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

March 26, 1998

We agree with the IAS Court that the insurance defendants owed no duty to plaintiff to monitor claims made by the dental defendants, his former associates, and we would add that even if there were such a duty, no facts are alleged showing how that duty was breached. We also agree with the IAS Court that many of plaintiff's claims are in any event preempted by the Employee Retirement Income Security Act (29 USC § 1144 [a]; see, Pilot Life Ins. Co. v Dedeaux...

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