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CELARDO v. GNY AUTOMOBILE DEALERS HEAL. & WELF.

Docket No. 02-7209.

318 F.3d 142 (2003)

Anthony CELARDO, Plaintiff-Appellee, v. GNY AUTOMOBILE DEALERS HEALTH & WELFARE TRUST, Defendant-Appellant, Preferred Choice Management Systems, Inc., d/b/a Magna Care Defendant.

United States Court of Appeals, Second Circuit.

Decided: January 27, 2003.

Attorney(s) appearing for the Case

Terrence P. O'Reilly, Foley, Hickey, Gilbert & O'Reilly, New York, NY, for Defendant-Appellant.

E. Kevin Agoglia, Agoglia, Fassberg, Holland & Crowe, P.C., Mineola, NY, for Plaintiff-Appellee.

Before: KEARSE, McLAUGHLIN, and SOTOMAYOR, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff sued his health insurance carrier, GNY Automobile Dealers Health & Welfare Trust (the "Trust"), and its third-party claims administrator, Preferred Choice Management Systems, Inc., d/b/a Magna Care ("Magna Care"). He alleged that, in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., the defendants denied him coverage for injuries...

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