Appellate Division of the Supreme Court of New York, 1990

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

Weppner v. Blue Cross of Western New York, Inc.
Appellate Division of the Supreme Court of New York · Decided June 22, 1990
162 A.D.2d 1011
Weppner v. Blue Cross of Western New York, Inc.

Opinion of the Court

Order unanimously affirmed without costs for the reasons stated at Supreme Court, Erie County, Rath, J. Memorandum: We add only that plaintiffs have no right to reimbursement under the policy for that portion of nursing home expense not paid by Medicare and that defendant has no obligation to compensate plaintiffs for *1012that care. (Appeal from order of Supreme Court, Erie County, Rath, J.—summary judgment.) Present—Doerr, J. P., Den-man, Balio, Lawton and Lowery, JJ.

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