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HARVEY v. MEMBERS EMPLS TRUST

96 N.Y.2d 99 (2001)

748 N.E.2d 1061

725 N.Y.S.2d 265

EDWARD J. HARVEY, JR., as Executor of EDWARD HARVEY, SR., Respondent, v. MEMBERS EMPLOYEES TRUST FOR RETAIL OUTLETS, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Kaufman, Schneider & Bianco, L. L. P., Jericho (Richard M. Howard and David Greenhaus of counsel), for appellant.

Galasso, Langione & Goidell, Melville (Mark E. Goidell of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Edward J. Harvey, Sr., a shareholder of a retail liquor store, purchased medical reimbursement health coverage from defendant Members Employees Trust for Retail Outlets (METRO), a self-insured health benefit plan. METRO was established by the Metropolitan Package Store Association, a trade association of liquor stores, to provide health benefits to the employees of participating...

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