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SUPERIOR OFFICERS COUNCIL HEALTH & WELFARE FUND v. EMPIRE HEALTHCHOICE ASSURANCE, INC.

4860, 603676/09.

85 A.D.3d 680 (2011)

927 N.Y.S.2d 324

2011 NY Slip Op 5625

SUPERIOR OFFICERS COUNCIL HEALTH & WELFARE FUND et al., Appellants, v. EMPIRE HEALTHCHOICE ASSURANCE, INC., Doing Business as EMPIRE BLUECROSS BLUESHIELD, Respondent.

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

Decided June 30, 2011.

Defendant provides prescription benefits management services to plaintiffs pursuant to an "Agreement for Administrative Pharmaceutical Services Only." Under their contract cause of action, plaintiffs seek to recover rebates from prescription drug manufacturers that defendant received but did not share with or pay over to plaintiffs. Plaintiff claims to be entitled to the rebates under section 4.7 of the agreement, which is set forth...

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