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NALEZENEC v. BLUE CROSS OF WESTERN NEW YORK

172 A.D.2d 1004 (1991)

John Nalezenec, Individually and as Executor of Nellie Nalezenec, Deceased, by Margaret Talboys, as Attorney-in-Fact, On Behalf of Himself and All Other Persons Similarly Situated, Appellant, v. Blue Cross of Western New York, Respondent

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

April 26, 1991

Order unanimously affirmed without costs.

Memorandum:

Plaintiff John Nalezenec and plaintiff's intestate Nellie Nalezenec were insured by the Blue Cross Over 65 Limited Hospital Coverage Contract and the Blue Shield Over 65 Limited Medical Coverage Contract. The major medical expense rider to the basic contracts provides that the insurer will pay for care in a skilled nursing facility under certain circumstances, but will "not pay for any days of care in a...

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