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SANTOLA v. BLUE CROSS/BLUE SHIELD OF CENT. NEW YORK, INC.

117 A.D.2d 974 (1986)

Joseph Santola, Individually and as Parent of Joshua Santola, an Infant, Respondent, v. Blue Cross/Blue Shield of Central New York, Inc., et al., Appellants, et al., Defendants

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

February 21, 1986

Order and judgment unanimously reversed, on the law, without costs, and summary judgment granted, in accordance with the following memorandum:

Special Term erred in granting plaintiff summary judgment, declaring that defendants were equitably estopped from refusing to pay for physical therapy provided to his birth-injured son by therapists not qualified under the benefit plan pursuant to collective bargaining agreements between Chrysler and the UAW because a prior...

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