NYC HEALTH v. WELLCARE OF NY

450994/10

35 Misc.3d 250 (2011)

937 N.Y.S.2d 540

2011 NY Slip Op 21468

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Plaintiff, v. WELLCARE OF NEW YORK, INC., Defendant.

Supreme Court, New York County.

Decided December 15, 2011.


Attorney(s) appearing for the Case

Greenberg Traurig, LLP ( Harold N. Iselin and Cynthia Neidl of counsel), for defendant.

Michael A. Cardozo , Corporation Counsel ( Sabita Krishnan and Alan H. Kleinman of counsel), for plaintiff.


OPINION OF THE COURT

ANIL C. SINGH, J.

This is a dispute over rates paid to a health care provider by an insurance company. Defendant moves to dismiss plaintiff's unjust enrichment claim pursuant to CPLR 3211 (a) (7), contending that: (1) an equitable claim has no place in the Medicare regulatory scheme; (2) plaintiff is prohibited under state law from bringing a private lawsuit for violation of a statute; and (3) plaintiff conferred no benefit upon defendant...

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