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KOCH v. BLUE CROSS & BLUE SHIELD OF GREATER NEW YORK

109 A.D.2d 654 (1985)

Hugo Koch, Appellant, v. Blue Cross and Blue Shield of Greater New York, Respondent

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

March 14, 1985

Petitioner seeks a permanent injunction against respondent Blue Cross and Blue Shield of Greater New York, in order to prevent respondent from barring him, and other similarly situated males, from participation in the annual "Women on the Move" road races sponsored by it. Respondent moved to dismiss. Special Term granted the motion with prejudice. We disagree.

Special Term correctly decided that the respondent was an improper party to this proceeding. However, we...

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