BUNK v. BLUE CROSS & BLUE SHIELD OF UTICA-WATERTOWN, INC.


244 A.D.2d 862 (1997)

668 N.Y.S.2d 121

George Bunk et al., Respondents, v. Blue Cross and Blue Shield of Utica-Watertown, Inc., Appellant

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

November 19, 1997


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant's motion for summary judgment but erred in granting plaintiffs' cross motion for summary judgment. "On a motion for summary judgment, the court should accept as true the evidence submitted by the opposing party and any evidence of the movant which favors the opposing party" (O'Sullivan v Presbyterian Hosp.

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