Superior Officers Council Health & Welfare Fund v. Empire Healthchoice Assurance, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 8, 2010, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), affirmed, without costs.
Defendant provides prescription benefits management services to plaintiffs pursuant to an “Agreement for Administrative Pharmaceutical Services Only.” Under their contract cause *681of action, plaintiffs seek to recover rebates from prescription drug manufacturers that defendant received but did not share with or pay over to plaintiffs. Plaintiff claims to be entitled to the rebates under…
2Cases cited7 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Imero Fiorentino Associates, Inc. v. GreenAppellate Division of the Supreme Court of the State of New York · 1982
- Goldman v. White Plains Center for Nursing Care, LLCNew York Court of Appeals · 2008
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- Ingham ex rel. Cobalt Asset Management, L.P. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2011
- DENHAESE, RYAN P. v. BUFFALO SPINE SURGERY, PLLCAppellate Division of the Supreme Court of the State of New York · 2016
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