Jaffe v. Cohen

Full title: PHILIP JAFFE, Appellant, v. PAUL COHEN et al., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1998

248 A.D.2d 297 (N.Y. App. Div. 1998)

670 N.Y.S.2d 89

Opinion

March 26, 1998

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

We agree with the IAS Court that the insurance defendants owed no duty to plaintiff to monitor claims made by the dental defendants, his former associates, and we would add that even if there were such a duty, no facts are alleged showing how that duty was breached. We also agree with the IAS Court that many of plaintiff's claims are in any event preempted by the Employee Retirement Income Security Act ( 29 U.S.C. § 1144 [a]; see, Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 44-45, 47-48; Matter of Morgan Guar. Trust Co. v. Tax Appeals Tribunal, 80 N.Y.2d 44, 48). We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.