Superior Officers Council Health & Welfare Fund v. Empire HealthChoice Assurance, Inc.

New York Court of Appeals

Superior Officers Council Health & Welfare Fund v. Empire HealthChoice Assurance, Inc.

959 N.E.2d 511, 17 N.Y.3d 930

CourtNew York Court of Appeals

DecidedNovember 21, 2011

StatusPublished

Cited by5 cases

This text of 959 N.E.2d 511 (Superior Officers Council Health & Welfare Fund v. Empire HealthChoice Assurance, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Superior Officers Council Health & Welfare Fund v. Empire HealthChoice Assurance, Inc., 959 N.E.2d 511, 17 N.Y.3d 930 (N.Y. 2011).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly construed the plain language of the agreement and determined that plaintiffs’ failure to adopt a drug formulary bars them from sharing in certain rebates that defendant received from prescription drug manufacturers. Additionally, plaintiffs fail to state a cause of action for breach of fiduciary duty separate and apart from their breach of contract claim.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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