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HANYS SERVS. v. EMPIRE

187 Misc.2d 253 (2001)

721 N.Y.S.2d 750

HANYS SERVICES, INC., et al., Plaintiffs, v. EMPIRE BLUE CROSS AND BLUE SHIELD et al., Defendants.

Supreme Court, Albany County.

January 31, 2001.

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C., Albany (Kimberly C. Lawrence of counsel), and Gibson, Dunn & Crutcher, L. L. P., New York City (Randy M. Mastro of counsel), for defendants.

Iseman, Cunningham, Riester & Hyde, L. L. P., Albany (Michael J. Cunningham of counsel), for HANYS Services, Inc., and others, plaintiffs.

LeBoeuf, Lamb, Greene & MacRae, L. L. P., Albany (Frederick B. Galt of counsel), for Medical Liability Mutual Insurance Company, plaintiff.

Rivkin, Radler & Kremer, L. L. P., Uniondale (Evan H. Krinick of counsel), for Physicians Reciprocal Insurers, plaintiff.

Saretsky, Katz, Dranoff & Glass, L. L. P., New York City (Barry G. Saretsky of counsel), for FFH Insurance Corp. and another, plaintiffs.

OPINION OF THE COURT

BERNARD J. MALONE, JR., J.

The motion of the defendants, which was given summary judgment treatment pursuant to CPLR 3211 (c) by letter dated September 13, 2000, for an order dismissing the amended complaint for failure to state a cause of action is granted.

During 1985 and 1986, the New York State Legislature enacted a comprehensive legislative package in response to the rising costs of medical malpractice insurance premiums...

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