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ZUCKERBERG v. BLUE CROSS

108 A.D.2d 56 (1985)

Johanna Zuckerberg, as Administratrix of The Estate of Harry J. Zuckerberg, Deceased, Respondent, v. Blue Cross and Blue Shield of Greater New York, Appellant

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

April 8, 1985

Attorney(s) appearing for the Case

Ellen Barrett Levin (John L. Shurtleff, Jerrold I. Ehrlich and John Colucci of counsel), for appellant.

Bertram Herman for respondent.

O'CONNOR, J. P., WEINSTEIN, LAWRENCE and EIBER, JJ., concur.

Per Curiam.

Presented on this appeal is the novel question of whether a health facility, which specializes almost exclusively in an unorthodox and scientifically unproven treatment of cancer, can be considered a "hospital" with services subject to reimbursement pursuant to a health insurance policy issued by defendant Blue Cross and Blue Shield of Greater New York (hereinafter Blue Cross). Contrary to the conclusion reached...

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