Manning v. Utilities Mutual Insurance

KATZMANN, Circuit Judge:

I. INTRODUCTION

Plaintiff-Appellant Robert Manning (“Manning” or “plaintiff’) appeals from a judgment of the District Court for the Southern District of New York (Casey, /.), dated August 31, 2000, denying plaintiffs motion for reconsideration of the court’s September 30, 1999 memorandum and order dismissing the plaintiffs fraud claim and granting defendant’s motion for reconsideration, dismissing plaintiffs claim under the Medicare Secondary Payer Act (“MSP”). For the reasons stated below, we affirm the decision to dismiss plaintiffs fraud claim, but reverse the…