Minihane v. Weissman

Order, Supreme Court, New York County (Herman Cahn, J.), entered January 26, 1995, which, inter alia, granted defendants’ motion to dismiss the complaint to the extent of dismissing plaintiff’s claims of fraud, breach of contract and violations of General Business Law § 349, unanimously affirmed, without costs.

Plaintiff brings this action, on his own behalf and on behalf of a putative class of similarly situated high risk Empire Blue Cross and Blue Shield subscribers, alleging that defendants submitted false and misleading documentation to the Superintendent of Insurance, giving rise to a…