Blue Cross of Northeastern New York, Inc. v. Ayotte

This is an appeal from an order of the Supreme Court at Special Term, entered May 23,1969 in Albany County, which denied plaintiff’s motion for summary judgment.

In 1957, appellant and the State of New York entered into a contract whereby appellant agreed to provide benefits for hos*259pital service to employees of the State and their dependents. Respondent Raymond Ayotte was a State employee and both he and his wife, Mabel, were covered under this contract.

From March 20, 1967 to April 7, 1967, Mabel Ayotte was hospitalized at Physicians Hospital. In accordance with the terms of the contract,…