261 A.D.2d 594 689 N.Y.S.2d 401

Nyack Hospital, Respondent, v Empire Blue Cross and Blue Shield, Appellant.

[689 NYS2d 401]

—In an action, inter alia, to recover damages for commercial defamation, the defendant Empire Blue Cross and Blue Shield appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Rockland County (Meehan, J.), dated February 4, 1998, which, among other things, granted that branch of the plaintiff’s motion which was to dismiss its counterclaim alleging defamation.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court correctly found that the appellant did not validly state a cause of action to recover damages for defamation and thus properly dismissed that counterclaim (see, CPLR 3211 [a] [7]; Springer v Club Med, 240 AD2d 395; Doherty v New York Tel. Co., 202 AD2d 627).

The appellant’s remaining contentions are without merit. S. Miller, J. P., Ritter, Thompson and Altman, JJ., concur.

Nyack Hospital v. Empire Blue Cross & Blue Shield
261 A.D.2d 594 689 N.Y.S.2d 401

Case Details

Name
Nyack Hospital v. Empire Blue Cross & Blue Shield
Decision Date
May 24, 1999
Citations

261 A.D.2d 594

689 N.Y.S.2d 401

Jurisdiction
New York

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