Cheng v. Oxford Health Plans, Inc.

Appeal from order and judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered January 24, 2003 and February 4, 2003, respectively, which granted defendants’ motion to stay the action and compel arbitration, while dismissing plaintiffs’ claims for violation of Public Health Law § 4406-c and Insurance Law § 3224-a (a) on the ground that no private right of action exists under these statutes, unanimously dismissed, without costs, and the judgment and that branch of the order that dismissed the claims vacated.

Plaintiffs, who are physicians and members of the Medical Society of the…