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HEALTHNOW NEW YORK, INC. v. DAVID HOME BUILDERS., INC.

870 CA 19-00463.

176 A.D.3d 1602 (2019)

112 N.Y.S.3d 360

2019 NY Slip Op 07177

HealthNow New York, Inc., Doing Business as Blue Cross Blue Shield of Western New York, Appellant, v. David Home Builders, Inc., Doing Business as David Homes, Defendant, and Employer Services Corporation, Respondent.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO ( D. CHARLES ROBERTS, JR. , OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GROSS SHUMAN P.C., BUFFALO ( KEVIN R. LELONEK OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present— Whalen, P.J., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendant Employer Services Corporation in its entirety and reinstating the first cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover health insurance benefits paid on behalf of an employee of defendant Employer Services Corporation (ESC), a professional employment organization...

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