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U.S. HEALTHCARE, INC. (NEW YORK) v. O'BRIEN

No. 92 Civ. 7647 (MGC).

868 F.Supp. 607 (1994)

U.S. HEALTHCARE, INC. (NEW YORK), Plaintiff, v. Kathleen O'BRIEN and Kevin O'Brien, individually and as parents and natural guardians of Michael O'Brien, Howard S. Richman, Goldsmith, Tabak & Richman, P.C., Staten Island University Hospital, Lee Robbins, M.D., Aziz Hassan, as executor of the estate of Lubaida Hassan, M.D., and Gloramelia Dano, M.D., Defendants.

United States District Court, S.D. New York.

November 30, 1994.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Mineola, NY by Charles D. Cole, Jr. and Jeffrey G. Stark, for plaintiff.

Goldsmith & Richman, P.C., New York City by Susan Scharf and Howard S. Richman, for defendants Kathleen and Kevin O'Brien and Goldsmith, Tabak & Richman, P.C.

Ellenberg & Hutson, New York City by James H. Irish and Michael A. Ellenberg, for defendant Staten Island University Hosp.

Sedgwick, Detert, Moran & Arnold, New York City by Stephen D. Chawkin, Jr., for defendant Gloramelia Dano, M.D.

OPINION

CEDARBAUM, District Judge.

This action arises from a dispute over the interpretation of a right of recovery clause in a health benefits plan issued by plaintiff U.S. Healthcare, Inc. of New York ("USH"). The plan is an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. USH seeks a declaratory judgment that...

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