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RIGGS v. BROOKLYN HOSP. CTR.

Index No. 655267/19. Appeal No. 14194. Case No. 2021-00187.

207 A.D.3d 405 (2022)

172 N.Y.S.3d 430

2022 NY Slip Op 04524

John C. Riggs, M.D., Appellant, v. The Brooklyn Hospital Center, Respondent, et al., Defendant.

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

Decided July 12, 2022.

Attorney(s) appearing for the Case

Franklin, Gringer & Cohen, P.C., Garden City ( Kenneth C. Sutak of counsel), for appellant.

Fox Rothschild LLP, New York ( Matthew J. Schenker of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.

Plaintiff is a doctor, former employee of defendant Brooklyn Hospital Center (BHC), and former holder of an insurance policy issued by defendant Medical Liability Mutual Insurance Company (MLMIC). MLMIC has since demutualized (see generally Insurance Law § 7307). This dispute concerns who is rightfully entitled to the proceeds of the demutualization (the Cash Consideration): plaintiff or BHC.

It is undisputed...

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