Wisholek v. Douglas

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Supreme Court, with directions to dismiss the action as against The Health Care Plan, Inc., solely upon the ground that the issue as presented in this case is moot.

This appeal arises from a medical malpractice action commenced by plaintiff and her husband against Dr. Gary Douglas and his employer, The Health Care Plan, Inc. (HCP) — a qualified health maintenance organization. HCP moved to dismiss plaintiffs’ claims, arguing that Public Health Law § 4410 (1)…