GELMAN v. DIST 1707 HEALTH


130 Misc.2d 259 (1985)

Milton Gelman, Respondent, v. District Council 1707 Health and Insurance Fund, Appellant.

Supreme Court, Appellate Term, First Department.

September 25, 1985


Attorney(s) appearing for the Case

Belson, Connolly & Belson (Gene M. J. Szuflita of counsel), for appellant. Milton Gelman, respondent pro se.

HUGHES, J. P., RICCOBONO and SANDIFER, JJ., concur.


Per Curiam.

Judgment entered May 9, 1984 reversed, without costs, and action dismissed.

By resolution dated June 28, 1983, defendant's board of trustees specifically excluded as a covered expense under the employee benefit plan "the type of therapy offered by all types of fitness centers". Plaintiff was personally advised by letter dated July 5, 1983 that any future claims with respect to services rendered by a "cardio-fitness center" would be rejected as...

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