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WESTFIELD FAMILY PHYSICIANS, P.C. v. HEALTHNOW NEW YORK, INC.

59 A.D.3d 1014 (2009)

873 N.Y.S.2d 793

WESTFIELD FAMILY PHYSICIANS, P.C., et al., Respondents, v. HEALTHNOW NEW YORK, INC., Appellant.

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

Decided February 6, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaints and amended complaint are dismissed.

Memorandum: In February 1998 defendant entered into separate contracts with plaintiffs Westfield Family Physicians, P.C. (WFP) and Robert Berke, M.D., doing business as Family Health Services (FHS), pursuant to which those plaintiffs would be members of an incentive risk pool, i.e., "a...

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