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CALABRESE v. HEALTHNOW N.Y.

12 A.D.3d 11 (2004)

782 N.Y.S.2d 470

MICHAEL CALABRESE, M.D., Respondent, v. HEALTHNOW NEW YORK, INC., Doing Business as BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK, Appellant.

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

October 1, 2004.

Attorney(s) appearing for the Case

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Mitchell J. Banas, Jr., of counsel), for appellant.

Sullivan Oliverio & Gioia LLP, Buffalo (Richard T. Sullivan of counsel), for respondent.

GREEN, J.P., KEHOE and HAYES, JJ., concur.

OPINION OF THE COURT

MARTOCHE, J.

Supreme Court erred in granting plaintiff's motion for a preliminary injunction and denying defendant's motion to dismiss the complaint for failure to state a cause of action (see CPLR 3211 [a] [7]). We therefore conclude that the order should be reversed.

Plaintiff, a participating physician in defendant's health care plans, commenced a proceeding in October 2002 to compel arbitration of an audit dispute...

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