SCHULMAN v. GROUP HEALTH INC.


11 Misc.3d 90 (2006)

816 N.Y.S.2d 806

STEVEN A. SCHULMAN, Respondent, v. GROUP HEALTH INCORPORATED, Appellant.

Supreme Court, Appellate Term, First Department.

March 28, 2006.


Attorney(s) appearing for the Case

Ted L. Wilkes, New York City, for appellant.

Steven A. Schulman, respondent pro se.

McCOOE, J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Judgment, entered on or about September 7, 2004, affirmed, without costs.

Defendant insurer's primary contention on appeal, i.e., that this small claims action for reimbursement of medical expenses is precluded by Insurance Law § 4914 (b) (4) (A) (iv) is without merit. That same argument was raised and expressly rejected by the Appellate Division, Fourth Department...

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