MVP Health Insurance v. Enigma Diagnostic Corp.

Appeal from an order of the Supreme Court (Giardino, J.), entered June 25, 2012 in Schenectady County, which granted plaintiffs’ motion for leave to amend the summons and complaint.

In March 2010, plaintiffs commenced this action alleging, among other things, that from January 2002 to March 2010 defendant had engaged in improper and fraudulent billing practices by overcharging plaintiffs by about $31,000 for clinical laboratory services provided to plaintiffs’ customers. Defendant did not deny that it had provided the disputed laboratory work, but it asserted counterclaims seeking $469,456.80…