BLUE CROSS OF WESTERN NEW YORK, INC. v. BD. OF COOP. EDUC. SERVS. OF ORLEANS-NIAGARA COUNTIES


187 A.D.2d 933 (1992)

Blue Cross of Western New York, Inc., Respondent-Appellant, v. Board of Cooperative Educational Services of Orleans-Niagara Counties, Appellant-Respondent

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

November 18, 1992


Order unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover fees allegedly owed by defendant under major medical, hospitalization and prescription drug insurance programs. Plaintiff asserts that the fees are owed pursuant to a Retrospective (experience) Rate rider, although the parties have been unable to produce an executed copy of the rider. Defendant moved for summary judgment on the grounds that the causes of action...

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