Superior Officers Council Health & Welfare Fund v Empire HealthChoice Assur., Inc, 17 NY3d 930 (2011)

2011 NY Slip Op 08449 [17 NY3d 930]
November 21, 2011
Court of Appeals

[*1]

Superior Officers Council Health & Welfare Fund et al., Appellants,
v
Empire HealthChoice Assurance, Inc., Doing Business as Empire BlueCross BlueShield, Respondent.

Decided November 21, 2011

Superior Officers Council Health & Welfare Fund v Empire HealthChoice Assur., Inc., 85 AD3d 680, affirmed.

{**17 NY3d at 932} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. [*2]

The Appellate Division properly construed the plain language of the agreement and determined that plaintiffs’ failure to adopt a drug formulary bars them from sharing in certain rebates that defendant received from prescription drug manufacturers. Additionally, plaintiffs fail to state a cause of action for breach of fiduciary duty separate and apart from their breach of contract claim.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.