Nyack Hospital v. Empire Blue Cross & Blue Shield

Appellate Division of the Supreme Court of New York

Nyack Hospital v. Empire Blue Cross & Blue Shield

253 A.D.2d 743, 677 N.Y.S.2d 485, 1998 N.Y. App. Div. LEXIS 9406

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 14, 1998

StatusPublished

Cited by8 cases

This text of 253 A.D.2d 743 (Nyack Hospital v. Empire Blue Cross & Blue Shield) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nyack Hospital v. Empire Blue Cross & Blue Shield, 253 A.D.2d 743, 677 N.Y.S.2d 485, 1998 N.Y. App. Div. LEXIS 9406 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages, inter alia, for commercial defamation, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Meehan, J.), dated June 18, 1997, as granted those branches of the defendants’ cross motion which were to dismiss the causes of action alleging commercial defamation, injurious falsehood, tortious interference with contractual relations, and violation of Insurance Law § 4226, and the defendant Empire Blue Cross and Blue Shield cross-appeals from so much of the [744]*744same order as denied that branch of the cross motion which was to dismiss the cause of action alleging a violation of General Business Law § 349 (a).

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to its contention, the plaintiff failed to state a cause of action to recover damages for injurious falsehood. In particular, the plaintiff’s general allegations of lost revenues and “increased massive staff effort” did not satisfy the requirement of pleading special damages with particularity (see, Jonas v Faith Props., 221 AD2d 959; L.W.C. Agency v St. Paul Fire & Mar. Ins. Co., 125 AD2d 371).

We have examined the parties’ remaining contentions and find them to be without merit. Miller, J. P., Pizzuto, Altman and McGinity, JJ., concur.

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In an action to recover damages, inter alia, for commercial defamation, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Meehan, J.), dated June 18, 1997, as granted those branches of the defendants’ cross motion which were to dismiss the causes of action alleging commercial defamation, injurious falsehood, tortious interference with contractual relations, and violation of Insurance Law § 4226, and the defendant Empire Blue Cross and Blue Shield cross-appeals from so much of the [744]*744same order as denied that branch of the cross motion which was to dismiss the cause of action alleging a violation of General Business Law § 349 (a).

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to its contention, the plaintiff failed to state a cause of action to recover damages for injurious falsehood. In particular, the plaintiff’s general allegations of lost revenues and “increased massive staff effort” did not satisfy the requirement of pleading special damages with particularity (see, Jonas v Faith Props., 221 AD2d 959; L.W.C. Agency v St. Paul Fire & Mar. Ins. Co., 125 AD2d 371).

We have examined the parties’ remaining contentions and find them to be without merit. Miller, J. P., Pizzuto, Altman and McGinity, JJ., concur.

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Bluebook (online)

253 A.D.2d 743, 677 N.Y.S.2d 485, 1998 N.Y. App. Div. LEXIS 9406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nyack-hospital-v-empire-blue-cross-blue-shield-nyappdiv-1998.

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