DOE v. HMO-CNY


14 A.D.3d 102 (2004)

785 N.Y.S.2d 813

JANE DOE et al., Appellants, v. HMO-CNY et al., Respondents. (Appeal No. 1.)

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

November 19, 2004.


Attorney(s) appearing for the Case

Sullivan Oliverio & Gioia LLP, Buffalo (B.P. Oliverio of counsel), for appellants.

Bond, Schoeneck & King, PLLC, Syracuse (John G. McGowan of counsel), for HMO-CNY, respondent.

Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for Blue Cross Blue Shield of Western New York Division of HealthNow NY, Inc., respondent.

Pigott, Jr., P.J., Green, Pine and Scudder, JJ., concur.


OPINION OF THE COURT

HURLBUTT, J.

In appeal No. 1, plaintiffs appeal from an amended order granting the respective motions of defendants, HMO-CNY and Blue Cross Blue Shield of Western New York Division of HealthNow NY, Inc. (HealthNow), for summary judgment dismissing the amended complaint. Because that part of the amended order granting the motion of HMO-CNY is subsumed in the judgment subsequently entered by...

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