Weissman v. Blue Cross of Western New York, Inc.

OPINION OF THE COURT

Penny M. Wolfgang, J.

The above-named defendants have appealed to the Erie County Court from a judgment of the City Court of Buffalo (McCarthy, J.) which granted summary judgment to the plaintiff-respondent.

The initial proceedings were commenced when plaintiff served a summons and complaint alleging a breach of contract for insurance proceeds. The complaint alleged that the plaintiff, through her employer, had contracted with defendants to provide payment in the form of reimbursement for the cost of private-duty nurses, provided that the attending physician certified as to…