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STASACK v. CAPITAL DISTRICT PHYSICIANS' HEALTH PLAN, INC.

290 A.D.2d 866 (2002)

736 N.Y.S.2d 764

STEPHEN A. STASACK, Appellant, v. CAPITAL DISTRICT PHYSICIANS' HEALTH PLAN, INC., Respondent.

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

Decided January 24, 2002.

Lahtinen, J.

After being informed by his treating ophthalmologist that defendant was unlikely to provide coverage for his LASIK eye surgery,1 plaintiff, without contacting defendant for prior authorization, paid LCA Vision Laser Associates $4,900 and proceeded to have the surgery performed. As a result of the surgery, plaintiff's distance vision was improved to 20/20 from 20/400, but he continued to require corrective lenses to read. Thereafter...

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