YOST v. BLUE CROSS & BLUE SHIELD OF CENT. NEW YORK, INC.


139 A.D.2d 903 (1988)

Donald Yost et al., Respondents-Appellants, v. Blue Cross and Blue Shield of Central New York, Inc., Appellant-Respondent. (Appeal No. 1.)

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

April 8, 1988


Order unanimously affirmed without costs.

Memorandum:

Special Term did not abuse its discretion when it awarded plaintiffs the opportunity to produce competent and admissible proof that their son, Wayne Yost, was mentally ill and otherwise a covered person within the terms of the health contract issued to them by defendant. That the court had earlier issued an order granting defendant's motion for summary judgment dismissing the complaint, finding that "alcoholism...

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