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NALEZENEC v. BLUE CROSS OF WESTERN NEW YORK, INC.

191 A.D.2d 982 (1993)

595 N.Y.S.2d 268

John Nalezenec, as Executor of Nellie Nalezenec, Deceased, and by Margaret Talboys, as Attorney-in-Fact, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v. Blue Cross of Western New York, Inc., et al., Appellants

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

March 12, 1993

Order unanimously affirmed with costs.

Memorandum:

Plaintiff John Nalezenec enrolled in a health care plan provided by Local 55 UAW Welfare Fund through his employer. Upon retirement, Nalezenec continued to participate by paying premiums to the Plan for Over 65 Limited Hospital Coverage, Over 65 Limited Medical Coverage, and a Major Medical rider provided by defendants. Nalezenec's wife was admitted to a skilled nursing facility in 1987. Medicare paid the...

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