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MID-MANHATTAN PHYSICIAN SERVS., P.C. v. DWORKIN

Index No. 656478/18. Appeal No. 12957. Case No. 2019-03771.

207 A.D.3d 404 (2022)

172 N.Y.S.3d 17

2022 NY Slip Op 04523

Mid-Manhattan Physician Services, P.C., Respondent, v. Melissa Dworkin, M.D., Appellant, et al., Defendant.

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

Decided July 12, 2022.

Attorney(s) appearing for the Case

Nolan Heller Kaufman LLP, Albany ( Justin A. Heller of counsel), for appellant.

Garfunkel Wild, P.C., Great Neck ( Leonard M. Rosenberg of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

The Court of Appeals has recently held that "when an employer pays premiums to a mutual insurance company to obtain a policy of which its employee is the policyholder, and the insurance company demutualizes, absent contrary terms in the contract of employment, insurance policy, or separate agreement, the policyholder is entitled to the proceeds from the demutualization" (Columbia Mem. Hosp. v Hinds, ___ NY3d ___, ___, 2022...

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