New York Supreme Court April 19, 1995 (Dalton v. Peninsula Hospital Center)

*913OPINION OF THE COURT

Stanley L. Sklar, J.

This case presents the issue of whether claims of negligence and breach of contract arising out of the alleged failure of a health maintenance organization (HMO) to furnish qualified health care providers to those who receive coverage under the HMO’s plan are preempted by the Employee Retirement Security Act of 1974 (ERISA [29 USC § 1001]).