Legal Opinion
New York City Health & Hospitals Corp. v. WellCare of New York, Inc.
New York Supreme Court
Decided December 15, 2011PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Anil C. Singh, J.
This is a dispute over rates paid to a health care provider by an insurance company. Defendant moves to dismiss plaintiffs unjust enrichment claim pursuant to CPLR 3211 (a) (7), contending that: (1) an equitable claim has no place in the Medicare regulatory scheme; (2) plaintiff is prohibited under state law from bringing a private lawsuit for violation of a statute; and (3) plaintiff conferred no benefit upon defendant. Plaintiff opposes the motion and cross-moves to amend and supplement the complaint pursuant to CPLR 3025 (b). Defendant opposes the cross…
2Cases cited10 opinions
- Nakamura v. FujiiAppellate Division of the Supreme Court of the State of New York · 1998
- Smith v. Chase Manhattan Bank, USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2002
- Temple University Hospital, Inc. v. Healthcare Management Alternatives, Inc.Superior Court of Pennsylvania · 2003
- River Park Hospital, Inc. v. BlueCross BlueShield of Tennessee, Inc.Court of Appeals of Tennessee · 2002
- Maldonado v. Olympia Mechanical Piping & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Emergency Physician Services of New York v. UnitedHealth Group, Inc.District Court, S.D. New York · 2022
- Sasson Plastic Surgery, LLC v. UnitedHealthcare of New York, Inc.District Court, E.D. New York · 2021