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MARCELLA v. CAPITAL DIST. PHYSICIANS HEALTH PLAN

No. 97-CV-596 LEK/DNH.

47 F.Supp.2d 289 (1999)

Carol P. MARCELLA, Plaintiff, v. CAPITAL DISTRICT PHYSICIANS HEALTH PLAN, INC., Defendant.

United States District Court, N.D. New York.

April 7, 1999.

Attorney(s) appearing for the Case

Office of Nicholas D. Morsillo, Schenectady, NY (Nicholas D. Morsillo, of counsel), for plaintiff.

Iseman, Cunningham, Riester & Hyde, Albany, NY (Brian M. Culnan, of counsel), for defendant.

DECISION AND ORDER

KAHN, District Judge.

Plaintiff commenced this action in New York State Supreme Court, alleging claims for breach of contract, intentional infliction of emotion distress and prima facie tort. On April 24, 1997, Defendant Capital District Physicians' Health Plan, Inc. ("CDPHP") removed the action pursuant to 28 U.S.C. § 1441 on the grounds of preemption by Section 514(a) of the Employee Retirement Income Security Act of 1974...

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