VINCI v. WESTCHESTER COUNTY HEALTH CARE CORPORATION


55 A.D.3d 599 (2008)

866 N.Y.S.2d 230

ROBERT VINCI, Appellant, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Respondent.

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

October 7, 2008.


Ordered that the order is affirmed, with costs.

The plaintiff underwent an abdominoplasty on September 7, 2004 and the defendant insurer denied coverage for the procedure. More than two years later, on April 24, 2007, the plaintiff commenced this action seeking to recover damages for breach of the subject medical insurance contract. Since the insurance contract required such an action to be instituted within two years after the date the disputed medical service was...

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