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

199 CA 20-01065.

195 A.D.3d 1403 (2021)

145 N.Y.S.3d 446

2021 NY Slip Op 03690

Buffalo Emergency Associates, LLP, et al., Appellants, v. Aetna Health, Inc., et al., Respondents.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

HOLWELL SHUSTER & GOLDBERG LLP, NEW YORK CITY ( JAMES M. McGUIRE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

ELLIOTT GREENLEAF, P.C., BLUE BELL, PENNSYLVANIA ( GREGORY S. VOSHELL , OF THE PENNSYLVANIA AND NEW JERSEY BARS, ADMITTED PRO HAC VICE, OF COUNSEL), AND PHILLIPS LYTLE LLP, BUFFALO, FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Centra, Peradotto, Lindley and Troutman, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action asserting causes of action for breach of implied-in-fact contract, unjust enrichment, and declaratory relief based on alleged underpayments made by defendants for out-of-network emergency services provided by plaintiffs' physicians to defendants' insureds. Plaintiffs appeal from an order...

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