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Decided on October 18, 2004
Supreme Court, New York County



EMPIRE BLUE CROSS AND BLUE SHIELD, Plaintiff,
against
VARIOUS UNDERWRITERS AT LLOYDS, LONDON, ENGLAND, SUBSCRIBING TO POLICY NO. 529/LB01053A96000 (as described more fully in the attached Rider), THE COPENHAGEN REINSURANCE COMPANY (UK) LTD., RIVER THAMES INSURANCE COMPANY LTD., SPHERE DRAKE INSURANCE PLC, and GAN INSURANCE COMPANY, LTD., Defendants.



125462/00
Charles Edward Ramos, J.
Motion sequence numbers 003 and 004 are consolidated herein for disposition. In motion sequence number 003, Various Underwriters at Lloyds, The Copenhagen Reinsurance Company (UK) Ltd., River Thames Insurance Company Ltd., Sphere Drake Insurance PLC, and GAN Insurance Company, Ltd. (collectively hereinafter referred to as Lloyds) moves to dismiss the amended complaint due to failure of plaintiff Empire Blue Cross and Blue Shield (EBCBS) to: (i) seek leave from the court to amend; and (ii) state a cause of action (CPLR 3211[a][7]).
In motion sequence number 004, EBCBS cross-moves for an order: (i) compelling Lloyds to accept service of, and answer, the amended complaint; (ii) compelling Lloyds to provide discovery [FN1]; and (iii) for costs, attorneys' fees, and sanctions pursuant to 22 NYCRR

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