Excellus Health Plan, Inc. v. Federal Express Corp.

Appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered November 6, 2003. The order denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Martoche, JJ. [See 5 Misc 3d 727 (2003).]