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EXCELLUS PLAN v. FED. EXPRESS

5 Misc.3d 727 (2003)

784 N.Y.S.2d 284

EXCELLUS HEALTH PLAN, INC., as Subrogee of BRIAN L. BEAUMONT, Plaintiff v FEDERAL EXPRESS CORPORATION et al., Defendants and Third-Party Plaintiffs. TOWN OF VAN BUREN, Third-Party Defendant

Supreme Court, Onondaga County.

October 7, 2003

Attorney(s) appearing for the Case

Cambs Law Firm, LLP (Peter J. Cambs of counsel), for defendants and third-party plaintiffs.

Harris Beach, LLP (Edward P. Hourihan, Jr. of counsel), for plaintiff.

Mackenzie Hughes, LLP (Stephen T. Helmer of counsel), for third-party defendant.

OPINION OF THE COURT

EDWARD D. CARNI, J.

Defendants and third-party plaintiffs Federal Express Corporation and Michael P. Smyth bring this motion seeking an order of summary judgment pursuant to CPLR 3212 dismissing plaintiff Excellus Health Plan, Inc.'s complaint in its entirety as a matter of law.

Factual Background

Excellus is a corporation formed pursuant to the Not-For-Profit Corporation Law and is licensed under article 43 of the...

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