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HOUSE v. STEPHENS

21 Misc.3d 527 (2008)

863 N.Y.S.2d 906

SALLY R. HOUSE, Plaintiff, v. BRADFORD A. STEPHENS, M.D., et al., Defendants.

Supreme Court, St. Lawrence County.

September 17, 2008.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Edward P. Hourihan, Jr. of counsel), for Excellus Health Plan, Inc., proposed intervenor.

Cherundolo, Bottar, & Leone, Lawyers, PLLC, Syracuse (Lonnie M. Dorsey of counsel), for plaintiff.

Thuillez, Ford, Gold, Butler & Young, LLP, Albany (William C. Firth of counsel), for Bradford A. Stephens, M.D. and another, defendants.

D'Agostino Krackeler Baynes & Maguire, P.C., Menands (Brendan F. Baynes of counsel), for Adirondack Medical Center, defendant.

OPINION OF THE COURT

DAVID R. DEMAREST, J.

In this medical malpractice action—wherein plaintiff Sally House does not appear to seek recovery for medical expenses paid on her behalf—Excellus Health Plan, Inc. moves for permission to intervene, pursuant to CPLR 1012 and 1013. Excellus argues the relief sought is proper because it has an interest in the matter, it will be bound by the judgment rendered, its interests will not be adequately represented...

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