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MOORE v. METRO. LIFE INS. CO.

33 N.Y.2d 304 (1973)

Cyril H. Moore, Jr., on Behalf of Himself and All Other Similarly Situated Employees of the State of New York Who Are Members of the New York State Health Insurance Plan under Major Medical Expense Group Policy 18250-G, Respondent, v. Metropolitan Life Insurance Company, Appellant. Cyril H. Moore, Jr., on Behalf of Himself and All Other Similarly Situated Employees of the State of New York Who Are Members of the New York State Health Insurance Plan under Major Medical Expense Group Policy 18250-G, Appellant, v. Metropolitan Life Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

John G. Paré for appellant in the first above-entitled appeal and for respondent in the second above-entitled appeal.

Cyril H. Moore, Jr., in person, and Stephen R. Shestakofsky for Cyril H. Moore, Jr., respondent in the first above-entitled appeal and for appellant in the second above-entitled appeal.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

William E. Mariano and Thomas J. Spargo for the New York State Psychological Association, amicus curiae.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

Plaintiff commenced this action on behalf of himself and, as a class action, on behalf of all other similarly situated employees of the State of New York, to recover benefits for the services of a psychologist under a group major medical expense policy issued by the defendant insurance company (Metropolitan). There are two appeals before us, one concerning the merits of the claim for benefits, and the...

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