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BUFFALO EMERGENCY ASSOCIATES, LLP v. AETNA HEALTH, INC.

7842. 651937/17.

167 A.D.3d 461 (2018)

87 N.Y.S.3d 877

2018 NY Slip Op 08436

Buffalo Emergency Associates, LLP, et al., Appellants, v. Aetna Health, Inc. (New York), et al., Respondents.

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

Decided December 11, 2018.

The New York Emergency Services and Surprise Bills Act (the Act) does not provide for a private right of action to enforce its provisions, and the court properly dismissed the complaint as an improper effort to "circumvent the legislative preclusion of private lawsuits" for violation of the Act (Han v Hertz Corp., 12 A.D.3d 195, 196 [1st Dept 2004]). In any event, plaintiffs' claim for...

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