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BLUE CROSS v. AYOTTE

35 A.D.2d 258 (1970)

Blue Cross of Northeastern New York, Inc., Appellant, v. Raymond Ayotte et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 1970.

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning (Joseph Boochever of counsel), for appellant.

O'Connell & Wolfe for respondents.

HERLIHY, P. J., REYNOLDS, COOKE and SWEENEY, JJ., concur.

GREENBLOTT, J.

This is an appeal from an order of the Supreme Court at Special Term, entered May 23, 1969 in Albany County, which denied plaintiff's motion for summary judgment.

In 1957, appellant and the State of New York entered into a contract whereby appellant agreed to provide benefits for hospital service to employees of the State and their dependents. Respondent Raymond Ayotte was a State employee...

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