Curtin v. Community Health Plan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Hughes, J.), entered June 8, 1999 in Albany County, which, inter alia, granted a cross motion by defendant Community Health Plan for summary judgment dismissing the amended complaint against it.
Plaintiff was a beneficiary of a health plan provided by defendant Community Health Plan (hereinafter CHP) through his wife’s employer, defendant Shenendehowa Central School District (hereinafter Shenendehowa). As a result of his 1996 annual physical and numerous referrals to CHP physicians for testing, plaintiff was diagnosed with prostate cancer. Plaintiff…
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