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MANHATTAN TOTAL HEALTH & MEDICAL DIAGNOSTIC, P.C. v. OXFORD HEALTH PLANS

44 A.D.3d 374 (2007)

843 N.Y.S.2d 574

MANHATTAN TOTAL HEALTH & MEDICAL DIAGNOSTIC, P.C., et al., Respondents, v. OXFORD HEALTH PLANS, Appellant.

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

Decided October 9, 2007.

The court did not err in declining to compel plaintiffs to exhaust their administrative remedies, in light of the affirmative defenses and counterclaims challenging the propriety of all monies paid or due to plaintiffs (see e.g. Ludwig v NYNEX Serv. Co., 838 F.Supp. 769, 781 [SD NY 1993] [decision to require exhaustion of administrative remedies is an assessment of whether it is fair to require the dismissal of the claimant...

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