Manhattan Total Health & Medical Diagnostic, P.C. v. Oxford Health Plans

Order, Supreme Court, New York County (Richard B. Lowe, III, J), entered March 12, 2007, which, to the extent appealed from as limited by the briefs, denied defendant’s motion for summary judgment with respect to the first and second causes of action, unanimously affirmed, with costs.

The court did not err in declining to compel plaintiffs to exhaust their administrative remedies, in light of the affirmative defenses and counterclaims challenging the propriety of all monies paid or due to plaintiffs (see e.g. Ludwig v NYNEX Serv. Co., 838 F Supp 769, 781 [SD NY 1993] [decision to require…