Curtis v Oxford Health Plans (NY), Inc. 2026 NY Slip Op 30842(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 655481/2025 Judge: Lyle E. Frank Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6554812025.NEW_YORK.001.LBLX038_TO.html[03/16/2026 3:45:43 PM] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LYLE E. FRANK PART 11M Justice ---------------------------------------------------------------------------------X INDEX NO. 655481/2025 THOMAS M. CURTIS, MOTION DATE 11/13/2025 Plaintiff, MOTION SEQ. NO. 001 -v- OXFORD HEALTH PLANS (NY), INC.,UNITEDHEALTH GROUP INCORPORATED, UNITED HEALTHCARE DECISION + ORDER ON SERVICES, INC.,UNITED HEALTHCARE, INC.,UNITEDHEALTHCARE OF NEW YORK, INC. MOTION
Defendant. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 were read on this motion to/for DISMISS .
Upon the foregoing documents, the motion is granted.
Background
In 1992, Plaintiff entered into a medical insurance contract with defendant Oxford Health
Plans, Inc. (“Oxford”). Since then, Oxford has become part of the United Healthcare umbrella. In
December of 2021, Plaintiff fell and was injured. While Oxford initially refused to pay for dental
work necessary after the accident, certain dental procedures were eventually authorized. The
work was performed, and the doctor was paid by Oxford. Plaintiff attempted to have further
dental work through an out-of-network provider authorized, but this request was denied. Plaintiff
appears to have gone to an out-of-network provider for the work in question regardless and then
attempted to have this bill reimbursed by Oxford. This attempt was not successful. Many of the
letters and emails sent to Oxford were not answered.
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 1 of 6 Motion No. 001
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Meanwhile, Plaintiff’s personal physician had left the Oxford plan coverage and is no
longer covered in-network. A representative of Oxford provided a list of in-network primary care
physicians to Plaintiff. Plaintiff alleges that many of the physicians on the list are not accepting
new patients and that there are several errors on the list relating to address and practice area. In
2025, Plaintiff wished to obtain a referral to a specialist, and was told by Oxford that they were
unable to issue the referral themselves and that it needed to come from a provider. Plaintiff went
to a specialist and has been attempting to have Oxford reimburse him for that appointment. Such
attempts have been unsuccessful and several of the letters and emails have gone unanswered.
Plaintiff filed this underlying proceeding in September of 2025, with claims for breach of
contract and violations of the General Business Law. In addition to Oxford, Plaintiff has named
various entities from the United Healthcare umbrella as defendants (collectively, the “United
Defendants”).
Standard of Review
It is well settled that when considering a motion to dismiss pursuant to CPLR § 3211,
“the pleading is to be liberally construed, accepting all the facts alleged in the pleading to be true
and according the plaintiff the benefit of every possible inference.” Avgush v. Town of Yorktown,
303 A.D.2d 340, 341 [2d Dept. 2003]. Dismissal of the complaint is warranted “if the plaintiff
fails to assert facts in support of an element of the claim, or if the factual allegations and
inferences to be drawn from them do not allow for an enforceable right of recovery.”
Connaughton v. Chipotle Mexican Grill, Inc, 29 N.Y.3d 137, 142 [2017].
CPLR § 3211(a)(1) allows for a complaint to be dismissed if there is a “defense founded
upon documentary evidence.” Dismissal is only warranted under this provision if “the
documentary evidence submitted conclusively establishes a defense to the asserted claims as a
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 2 of 6 Motion No. 001
2 of 6 [* 2] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
matter of law.” Leon v. Martinez, 84 N.Y.2d 83, 88 [1994]. A party may move for a judgment
from the court dismissing causes of action asserted against them based on the fact that the
pleading fails to state a cause of action. CPLR § 3211(a)(7). For motions to dismiss under this
provision, “[i]nitially, the sole criterion is whether the pleading states a cause of action, and if
from its four corners factual allegations are discerned which taken together manifest any cause of
action cognizable at law.” Guggenheimer v. Ginzburg, 43 N.Y. 2d 268, 275 [1977].
Discussion
Defendants bring this pre-answer motion to dismiss on several grounds. First, they argue
that the United Defendants should be dismissed as they are not proper parties to the action. They
also argue that the claims asserted variously fail as a matter of law. Plaintiff opposes the motion.
For the reasons that follow, the motion is granted, but Plaintiff will be given an opportunity to
amend the complaint.
The United Defendants Are Not Proper Parties
Defendants move to dismiss the claims asserted against the United Defendants on the
grounds that they are not proper parties to this action. Oxford is the named party on the
agreement in question, and the policy was funded and administered by Oxford as stated in the
contract. Plaintiff argues that he is unaware of what entity administers the plan benefits and that
he has frequently communicated with United employees regarding the plan. But mere corporate
affiliation is insufficient to give rise to liability without a piercing of the corporate veil. See, e.g.,
Horsehead Indus. v. Metallgesllschaft AG, 239 A.D.2d 171, 172 [1st Dept. 1997] (holding that a
parent company can be liable if the subsidiary is a dummy or controlled by the parent for the
parent’s own purpose). Here, Plaintiff has not shown or alleged facts that would pierce the
corporate veil, only that employees associated with United act on behalf of Oxford in
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 3 of 6 Motion No. 001
3 of 6 [* 3] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
administering the plan benefits. Therefore, dismissal of the United Defendants is proper. While
the Court is aware that Plaintiff is concerned about the availability of appropriate witnesses with
knowledge should these parties be dismissed, it has not been shown that said witnesses will be
unavailable should these defendants be dismissed.
The Breach of Contract Claims Fail to State a Claim Due to No Identification of the Provisions
Allegedly Breached
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Curtis v Oxford Health Plans (NY), Inc. 2026 NY Slip Op 30842(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 655481/2025 Judge: Lyle E. Frank Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6554812025.NEW_YORK.001.LBLX038_TO.html[03/16/2026 3:45:43 PM] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. LYLE E. FRANK PART 11M Justice ---------------------------------------------------------------------------------X INDEX NO. 655481/2025 THOMAS M. CURTIS, MOTION DATE 11/13/2025 Plaintiff, MOTION SEQ. NO. 001 -v- OXFORD HEALTH PLANS (NY), INC.,UNITEDHEALTH GROUP INCORPORATED, UNITED HEALTHCARE DECISION + ORDER ON SERVICES, INC.,UNITED HEALTHCARE, INC.,UNITEDHEALTHCARE OF NEW YORK, INC. MOTION
Defendant. ---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 were read on this motion to/for DISMISS .
Upon the foregoing documents, the motion is granted.
Background
In 1992, Plaintiff entered into a medical insurance contract with defendant Oxford Health
Plans, Inc. (“Oxford”). Since then, Oxford has become part of the United Healthcare umbrella. In
December of 2021, Plaintiff fell and was injured. While Oxford initially refused to pay for dental
work necessary after the accident, certain dental procedures were eventually authorized. The
work was performed, and the doctor was paid by Oxford. Plaintiff attempted to have further
dental work through an out-of-network provider authorized, but this request was denied. Plaintiff
appears to have gone to an out-of-network provider for the work in question regardless and then
attempted to have this bill reimbursed by Oxford. This attempt was not successful. Many of the
letters and emails sent to Oxford were not answered.
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 1 of 6 Motion No. 001
1 of 6 [* 1] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
Meanwhile, Plaintiff’s personal physician had left the Oxford plan coverage and is no
longer covered in-network. A representative of Oxford provided a list of in-network primary care
physicians to Plaintiff. Plaintiff alleges that many of the physicians on the list are not accepting
new patients and that there are several errors on the list relating to address and practice area. In
2025, Plaintiff wished to obtain a referral to a specialist, and was told by Oxford that they were
unable to issue the referral themselves and that it needed to come from a provider. Plaintiff went
to a specialist and has been attempting to have Oxford reimburse him for that appointment. Such
attempts have been unsuccessful and several of the letters and emails have gone unanswered.
Plaintiff filed this underlying proceeding in September of 2025, with claims for breach of
contract and violations of the General Business Law. In addition to Oxford, Plaintiff has named
various entities from the United Healthcare umbrella as defendants (collectively, the “United
Defendants”).
Standard of Review
It is well settled that when considering a motion to dismiss pursuant to CPLR § 3211,
“the pleading is to be liberally construed, accepting all the facts alleged in the pleading to be true
and according the plaintiff the benefit of every possible inference.” Avgush v. Town of Yorktown,
303 A.D.2d 340, 341 [2d Dept. 2003]. Dismissal of the complaint is warranted “if the plaintiff
fails to assert facts in support of an element of the claim, or if the factual allegations and
inferences to be drawn from them do not allow for an enforceable right of recovery.”
Connaughton v. Chipotle Mexican Grill, Inc, 29 N.Y.3d 137, 142 [2017].
CPLR § 3211(a)(1) allows for a complaint to be dismissed if there is a “defense founded
upon documentary evidence.” Dismissal is only warranted under this provision if “the
documentary evidence submitted conclusively establishes a defense to the asserted claims as a
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 2 of 6 Motion No. 001
2 of 6 [* 2] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
matter of law.” Leon v. Martinez, 84 N.Y.2d 83, 88 [1994]. A party may move for a judgment
from the court dismissing causes of action asserted against them based on the fact that the
pleading fails to state a cause of action. CPLR § 3211(a)(7). For motions to dismiss under this
provision, “[i]nitially, the sole criterion is whether the pleading states a cause of action, and if
from its four corners factual allegations are discerned which taken together manifest any cause of
action cognizable at law.” Guggenheimer v. Ginzburg, 43 N.Y. 2d 268, 275 [1977].
Discussion
Defendants bring this pre-answer motion to dismiss on several grounds. First, they argue
that the United Defendants should be dismissed as they are not proper parties to the action. They
also argue that the claims asserted variously fail as a matter of law. Plaintiff opposes the motion.
For the reasons that follow, the motion is granted, but Plaintiff will be given an opportunity to
amend the complaint.
The United Defendants Are Not Proper Parties
Defendants move to dismiss the claims asserted against the United Defendants on the
grounds that they are not proper parties to this action. Oxford is the named party on the
agreement in question, and the policy was funded and administered by Oxford as stated in the
contract. Plaintiff argues that he is unaware of what entity administers the plan benefits and that
he has frequently communicated with United employees regarding the plan. But mere corporate
affiliation is insufficient to give rise to liability without a piercing of the corporate veil. See, e.g.,
Horsehead Indus. v. Metallgesllschaft AG, 239 A.D.2d 171, 172 [1st Dept. 1997] (holding that a
parent company can be liable if the subsidiary is a dummy or controlled by the parent for the
parent’s own purpose). Here, Plaintiff has not shown or alleged facts that would pierce the
corporate veil, only that employees associated with United act on behalf of Oxford in
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 3 of 6 Motion No. 001
3 of 6 [* 3] FILED: NEW YORK COUNTY CLERK 03/09/2026 10:56 AM INDEX NO. 655481/2025 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/05/2026
administering the plan benefits. Therefore, dismissal of the United Defendants is proper. While
the Court is aware that Plaintiff is concerned about the availability of appropriate witnesses with
knowledge should these parties be dismissed, it has not been shown that said witnesses will be
unavailable should these defendants be dismissed.
The Breach of Contract Claims Fail to State a Claim Due to No Identification of the Provisions
Allegedly Breached
Defendants move to dismiss the claims sounding in breach of contract on the grounds that
the complaint fails to identify what provision of the agreement was breached. In opposition,
Plaintiff argues that he does not need to identify any specific provision of the contract that was
breached, and the mere conclusory allegation that the facts alleged constitute a breach is
sufficient. The case law is well settled that in order to validly plead a claim for breach of
contract, the plaintiff must point to the specific provisions that they allege were breached. See,
e.g., 34-06 73, LLC v. Seneca Ins. Co., 39 N.Y.3d 44, 52 [2022](a plaintiff must identify which
contractual provisions were breached in order to state a cause of action); see also Fried v.
Lehman Bros. Real Estate Assoc. III, L.P., 156 A.D.3d 464, 465 [1st Dept. 2017]; Manipal Educ.
Ams., LLC v. Taufiq, 203 A.D.3d 662, 663 [1st Dept. 2022]; VB Soho LLC v. Broome Prop.
Owner JV LLC, 232 A.D.3d 520, 521 [1st Dept. 2024]; Martin Assoc., Inc. v. Illinois Natl. Ins.
Co., 188 A.D.3d 572, 572 [1st Dept. 2020]. Dismissal would, therefore, be proper. But at oral
argument held on this motion, Plaintiff made an oral application for leave to amend the
complaint in order to identify what provisions were allegedly breached. The Court grants this
application and will give Plaintiff time to amend.
The Claims Under the General Business Law
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Plaintiff’s fourth cause of action alleges that the PCP list provided by Defendants is a
deceptive business practice under GBL §§ 349 – 50. Defendants move to dismiss this claim on
the grounds that the complaint fails to allege facts going to specific deceptive or misleading
conduct that would support a claim under the GBL. In opposition, Plaintiff argues that he has
sufficiently alleged consumer-orientated conduct through the allegation that the PCP list in
question has likely been circulated to other consumers.
GBL §§ 349 and 350 regulate, respectively, deceptive acts and practices and false
advertising, and the standard for recovery is the same across both provisions. Denenberg v.
Rosen, 71 A.D.3d 187, 194 [1st Dept. 2010]. The three elements that must be shown for Section
349 are “first, that the challenged act or practice was consumer-orientated; second, that it was
misleading in a material way; and third, that the plaintiff suffered injury as a result of the
deceptive act.” Stutman v. Chemical Bank, 95 N.Y.2d 24, 29 [2000]. It is a threshold matter for
these provisions that a plaintiff’s claims “must be predicated on a deceptive act or practice that is
‘consumer oriented’” in contrast to a private contractual dispute. Gaidon v. Guardian Life Ins.
Co. of Am., 94 N.Y.2d 330, 344 [1999]; see also Oswego Laborers’ Local 214 Pension Fund v.
Marine Midland Bank, N.A., 85 N.Y.2d 20, 25 [1995] (holding that “[p]rivate contract disputes,
unique to the parties, for example, would not fall within the ambit of the statute”); Golub v.
Tanenbaum-Harbor Co., Inc., 88 A.D.3d 622, 623 [1st Dept. 2011] (dismissing GBL claim when
there were only conclusory allegations as to behavior with other customers and no allegations of
“the type of conduct that would have a broad impact on consumers at large”).
Here, taking all facts alleged by the Plaintiff to be true and according him every favorable
inference, the alleged behavior cannot be termed consumer-orientated conduct. Plaintiff alleges
that he was provided with a PCP list that contained various errors, and that this as a breach of an
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unspecified provision of what he himself characterizes as a “unique contract.” Even assuming
that the acts alleged by Plaintiff (that a PCP list containing address and practice area errors)
constituted a material deception, there are no allegations that support a characterization of the
conduct as consumer orientated. This appears to be a private contractual dispute between the
parties, of precisely the nature that the Court of Appeals has held falls outside the ambit of GBL
§§ 349 and 350. Accordingly, it is hereby
ADJUDGED that the motion is granted; and it is further
ADJUDGED that defendants UnitedHealth Group Incorporated, United HealthCare
Services, Inc. s/h/a United Healthcare Services, Inc., UnitedHealthcare, Inc. s/h/a United
Healthcare, Inc., and UnitedHealthcare of New York, Inc. are hereby dismissed from this action;
and it is further
ADJUDGED that the first through fourth causes of action in the complaint are dismissed;
ORDERED that plaintiff will have twenty days from service of this order with notice of
entry to amend the complaint.
3/5/2026 DATE LYLE E. FRANK, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
□ □ X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
655481/2025 CURTIS, THOMAS M. vs. OXFORD HEALTH PLANS (NY), INC. ET AL Page 6 of 6 Motion No. 001
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