| Excellus Health Plan, Inc. v Federal Express Corp. |
| 2004 NY Slip Op 10014 [13 AD3d 1235] |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
MOTION NO. (1121/04) CA 04-00163.
[*1]EXCELLUS HEALTH PLAN, INC., AS SUBROGEE OF BRIAN L. BEAUMONT, PLAINTIFF-RESPONDENT,
v
FEDERAL EXPRESS CORPORATION AND MICHAEL P. SMYTH, DEFENDANTS-APPELLANTS.
Motion for leave to appeal to the Court of Appeals denied.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND MARTOCHE, JJ. (Filed Dec. 30, 2004.)