SUPERIOR OFFICERS COUNCIL HEALTH & WELFARE FUND v. EMPIRE HEALTHCHOICE ASSUR., INC., 17 N.Y.3d 930 (2011)
Court: Court of Appeals of New York
Number: innyco20111121289
Visitors: 26
Filed: Nov. 21, 2011
Latest Update: Nov. 21, 2011
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. The Appellate Division properly construed the plain language of the agreement and determined that plaintiffs' failure to adopt a drug formulary bars them from sharing in certain rebates that defendant received from prescription drug manufacturers. Additionally, plaintiffs fail to state a cause of action for breach of fiduciary duty separate and apart from their breach of contract claim. On re
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed, with costs. The Appellate Division properly construed the plain language of the agreement and determined that plaintiffs' failure to adopt a drug formulary bars them from sharing in certain rebates that defendant received from prescription drug manufacturers. Additionally, plaintiffs fail to state a cause of action for breach of fiduciary duty separate and apart from their breach of contract claim. On rev..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The Appellate Division properly construed the plain language of the agreement and determined that plaintiffs' failure to adopt a drug formulary bars them from sharing in certain rebates that defendant received from prescription drug manufacturers. Additionally, plaintiffs fail to state a cause of action for breach of fiduciary duty separate and apart from their breach of contract claim.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Source: Leagle
