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

261 A.D.2d 594, 689 N.Y.S.2d 401, 1999 N.Y. App. Div. LEXIS 5670

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

DecidedMay 24, 1999

StatusPublished

This text of 261 A.D.2d 594 (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, 261 A.D.2d 594, 689 N.Y.S.2d 401, 1999 N.Y. App. Div. LEXIS 5670 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action, inter alia, to recover damages for commercial defamation, the defendant Empire Blue Cross and Blue Shield appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Rockland County (Meehan, J.), dated February 4, 1998, which, among other things, granted that branch of the plaintiff’s motion which was to dismiss its counterclaim alleging defamation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly found that the appellant did not validly state a cause of action to recover damages for defamation and thus properly dismissed that counterclaim (see, CPLR 3211 [a] [7]; Springer v Club Med, 240 AD2d 395; Doherty v New York Tel. Co., 202 AD2d 627).

The appellant’s remaining contentions are without merit. S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.

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—In an action, inter alia, to recover damages for commercial defamation, the defendant Empire Blue Cross and Blue Shield appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Rockland County (Meehan, J.), dated February 4, 1998, which, among other things, granted that branch of the plaintiff’s motion which was to dismiss its counterclaim alleging defamation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly found that the appellant did not validly state a cause of action to recover damages for defamation and thus properly dismissed that counterclaim (see, CPLR 3211 [a] [7]; Springer v Club Med, 240 AD2d 395; Doherty v New York Tel. Co., 202 AD2d 627).

The appellant’s remaining contentions are without merit. S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.

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Bluebook (online)

261 A.D.2d 594, 689 N.Y.S.2d 401, 1999 N.Y. App. Div. LEXIS 5670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nyack-hospital-v-empire-blue-cross-blue-shield-nyappdiv-1999.

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