COLE v. METROPOLITAN LIFE INSURANCE CO.


273 A.D.2d 832 (2000)

708 N.Y.S.2d 789

RICHARD A. COLE, Appellant, v. METROPOLITAN LIFE INSURANCE CO., Respondent.

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

Decided June 16, 2000.


Order unanimously affirmed without costs.

Memorandum:

We reject plaintiff's contention that Supreme Court erred in granting defendant's motion to dismiss the complaint based on plaintiff's lack of standing. We agree with the court that plaintiff, a physician practicing in Pennsylvania, lacks standing to enforce an insurance contract between defendant insurer and New York State providing State employees with medical insurance under the Empire Plan (Plan). Plaintiff...

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