SREEKRISHNA CHERUVU PLAINTIFF APPELLANT v. HEALTHNOW NEW YORK INC DOING BUSINESS AS BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK INDEPENDENT HEALTH ASSOCIATION INC INDIVIDUAL PRACTICE ASSOCIATION OF WESTERN NEW YORK INC EXCELLUS HEALTH PLAN INC DOING BUSINESS AS UNIVERA AND SUSAN SCHULTZ ALSO KNOWN AS SUSAN NASON DEFENDANTS RESPONDENTS (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

SREEKRISHNA CHERUVU, PLAINTIFF-APPELLANT, v. HEALTHNOW NEW YORK, INC., DOING BUSINESS AS BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK, INDEPENDENT HEALTH ASSOCIATION INC., INDIVIDUAL PRACTICE ASSOCIATION OF WESTERN NEW YORK, INC., EXCELLUS HEALTH PLAN, INC., DOING BUSINESS AS UNIVERA, AND SUSAN P. SCHULTZ, ALSO KNOWN AS SUSAN NASON, DEFENDANTS-RESPONDENTS.

380

Decided: June 14, 2024

PRESENT: WHALEN, P.J., CURRAN, GREENWOOD, NOWAK, AND KEANE, JJ.

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (GERALD T. WALSH OF COUNSEL), FOR PLAINTIFF-APPELLANT. WEBSTER SZANYI LLP, BUFFALO (MICHAEL P. MCCLAREN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS HEALTHNOW NEW YORK, INC., DOING BUSINESS AS BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK AND SUSAN P. SCHULTZ, ALSO KNOWN AS SUSAN NASON. NIXON PEABODY LLP, BUFFALO (MARK A. MOLLOY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS INDEPENDENT HEALTH ASSOCIATION INC. AND INDIVIDUAL PRACTICE ASSOCIATION OF WESTERN NEW YORK, INC. HODGSON RUSS LLP, BUFFALO (JOSHUA FEINSTEIN OF COUNSEL), FOR DEFENDANT-RESPONDENT EXCELLUS HEALTH PLAN, INC., DOING BUSINESS AS UNIVERA.