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VOELKER v. EMPIRE BLUE CROSS & BLUE SHIELD

155 A.D.2d 229 (1989)

Robert Voelker, Plaintiff, and Albert Benvenisty, Intervenor-Respondent, v. Empire Blue Cross and Blue Shield, Appellant

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

November 2, 1989

In this action by intervenor-respondent Benvenisty, on behalf of a purported class of Empire subscribers who were denied reimbursement for a diagnostic medical procedure known as magnetic resonance imaging (MRI) between March 29, 1984 and January 15, 1986, the court below properly determined that the statutory prerequisites for class certification had been established.

Specifically, the class was so numerous that joinder...

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