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ZERVOS v. VERIZON NEW YORK, INC.

Nos. 01-9213(L), 01-9234(XAP).

277 F.3d 635 (2002)

Nickolas ZERVOS, Plaintiff-Appellant-Cross-Appellee, v. VERIZON NEW YORK, INC., f/k/a Verizon Communications Inc., f/k/a Nynex Corporation, f/k/a New York Telephone Company, and Empire Healthchoice, Inc., f/k/a Empire Blue Cross Blue Shield, Defendants-Appellees-Cross-Appellants, United Healthcare Co., Inc., a/k/a United Healthcare, Defendant.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: January 28, 2002.

Attorney(s) appearing for the Case

Steven G. Storch, Storch, Amini & Munves, P.C., New York, NY, for Plaintiff-Appellant.

Randy M. Mastro, Gibson, Dunn & Crutcher, LLP, New York, NY, for Defendants-Appellees-Cross-Appellants Verizon New York, Inc. and Empire HealthChoice, Inc.

Before: JACOBS, POOLER and KATZMANN, Circuit Judges.

Judge JACOBS dissents in a separate opinion.

POOLER, Circuit Judge.

Nickolas Zervos suffers from metastatic breast cancer, an essentially incurable condition that often can be held at bay temporarily either by repeated cycles of conventional chemotherapy or by a single cycle of high dosage chemotherapy followed by an autologous blood stem cell transplant ("HDCT"). On his physician's advice and after being warned that HDCT often involves more — and more...

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