Pharmacists' Ass'n of Western New York, Inc. v. Blue Cross of Western New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order affirmed with costs. All concur, Callahan, J., not participating. Memorandum: Special Term properly dismissed plaintiffs’ amended complaint on the basis that it fails to state a cause of action (CPLR 3211 [a] [7]).
Plaintiffs are a pharmacists’ association and individual pharmacists who participate in the prepaid prescription reimbursement program of defendant Blue Cross of Western New York, Inc. (Blue Cross). For a long period of time, the program has functioned under identical agreements, known as agreement A, between individual pharmacists and Blue Cross. Agreement A, as supplemented…
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