Legal Opinion
Zuckerberg v. Blue Cross & Blue Shield
New York Court of Appeals
Decided February 6, 1986PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree that plaintiff failed to sustain her burden of proving that Hospital La Gloria provided "medical and surgical or obstetrical care” as contemplated by the definition of "hospital” contained in the Blue Cross community rated contract. Because the contract definition of "hospital” is clear and unambiguous, there is no basis here for application of the "substantial compliance” doctrine.
Thus, it is unnecessary to reach any of the other issues raised by plaintiff.
Chief Judge Wachtler and…
2Cited by11 opinions
- Richard H. Heasley, Sr. And Doris G. Heasley v. Belden & Blake CorporationCourt of Appeals for the Third Circuit · 1993
- Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
- Tele-Pac, Inc. v. GraingerAppellate Division of the Supreme Court of the State of New York · 1991
- CityWide Social Work & Psychological Services, P.L.L.C. v. Travelers Indemnity Co.Civil Court of the City of New York · 2004
- A.B. Medical Services, PLLC v. State Farm Mutual Automobile InsuranceCivil Court of the City of New York · 2005
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