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BATAS v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

281 A.D.2d 260 (2001)

724 N.Y.S.2d 3

MUSETTE BATAS et al., Respondents-Appellants, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 20, 2001.

The facts are fairly set forth by the dissent. We would note, however, that plaintiffs bring this action on their own behalf and as representatives of a class of all subscribers to health care plans offered by defendants (Prudential). We also note that neither party challenges the liberal standard applied by the IAS court wherein, "[o]n a motion to dismiss for failure to state a cause of action, the court must accept all the facts...

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