Western New York Medical Plan, Inc. v. Winkler

The Western New York Medical Plan, Inc., the plaintiff, instituted this action against the Superintendent of Insurance seeking a judgment declaring that subdivision 1 of section 250 of the Insurance Law as amended by chapter 621 of the Laws of 1957, does not make it mandatory for it to reimburse subscriber contract holders for services performed by licensed podiatrists.

The Podiatry Society of the State of New York is an intervenor and it, together with the Superintendent of Insurance, has moved under subdivision 9 of rule 113 of the Rules of Civil Practice for a summary judgment declaring…