Stafkings Health Care Systems, Inc. v. Blue Cross and Blue Shield of Utica-Watertown, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in failing to dismiss plaintiffs second cause of action, alleging negligent misrepresentation. In its complaint, plaintiff, a health care provider, alleged that it telephoned defendant insurer to inquire whether certain services would be covered under a group policy that defendant maintained with an insured’s employer. An employee of defendant informed plaintiff that the services would be covered and plaintiff provided the services to the insured.…