McLenithan v. Bennington Community Health Plan

In McLenithan v. Bennington Community Health Plan, 223 AD2d 777 [3d Dept 1996], lv dismissed 88 NY2d 1017 [1996], a Vermont physician rendered treatment in Vermont to a New York infant. The infant received health benefits from defendant Capital Area Community Health Plan, Inc. (CHP), a New York-based health maintenance organization. The physician had "contracted" with CHP to provide medical care and treatment to CHP's subscribers, who were largely New York residents. In view of the fact that the physician rendered treatment to the infant in accordance with the CHP contract, "and because [the physician's] entry into New York's service economy via the CHP contract was purposeful and significant" (at 778), the Court found that the physician was subject to jurisdiction under CPLR 302 (a) (1). "Requiring him to defend himself in New York will not offend due process because, by actively seeking New York residents as patients, he should have reasonably expected that he would be required to defend his actions here." (Id. at 778-779 .)