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TANZER v. HEALTH INS. PLAN OF GREATER NEW YORK

91 N.Y.2d 850 (1997)

690 N.E.2d 1257

668 N.Y.S.2d 151

Deborah Tanzer, Appellant, v. Health Insurance Plan of Greater New York, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Wolf Popper, L. L. P., New York City (Lester L. Levy and Carl L. Stine of counsel), for appellant.

Stroock & Stroock & Lavan, L. L. P., New York City (Charles G. Moerdler, Eva Coben Talel, Burton N. Lipshie, Regan A. Shulman and Laura R. Shaw of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Plaintiff brought this action on behalf of herself and others similarly situated to recover insurance reimbursement for the cost of surgery-related anesthesiologist's services. Defendant insurer contends that such costs cannot be recovered because the parties' insurance contract, which covers...

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