BIANCULLI v. CITY OF NEW YORK OFF. OF LABOR RELATIONS

Index No. 160234/22. Appeal No. 291. Case No. 2023-00232.

216 A.D.3d 560 (2023)

190 N.Y.S.3d 21

2023 NY Slip Op 02822

MargaretAnn Bianculli et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. City of New York Office of Labor Relations et al., Appellants.

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

Decided May 25, 2023.


Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York ( James M. Catterson of counsel), for EmblemHealth, Inc., and Group Health Incorporated (GHI), appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Chole K. Moon of counsel), for The City of New York Office of Labor Relations and The City of New York, appellants.

Walden Macht & Haran LLP, New York ( Jacob S. Gardener of counsel), and Pollack Cohen LLP, New York ( Steve Cohen of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Rodriguez, JJ.


Order, Supreme Court, New York County (Lyle E. Frank, J.), entered January 11, 2023, which granted plaintiffs' CPLR 6301 motion for an order preliminarily enjoining defendants from charging co-payments to Senior Care health insurance plan beneficiaries, unanimously affirmed, without costs.

This action relates to $15 co-payments charged to beneficiaries of Senior Care, a Medicare supplement plan offered by defendant the...

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