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Tranes v. Independent Health Association

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 410 (N.Y. App. Div. 2000)

Opinion

Submitted June 5, 2000

August 21, 2000.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Colabella, J.), entered May 21, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Edward Land, New York, N.Y., for appellants.

Gina M. Martin, Buffalo, N.Y., for respondent.

Before: GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs ' argument that the Supreme Court erred in granting the defendant's motion for summary judgment because the defendant failed to attach the pleadings to its motion is unpreserved for appellate review (see, Matter of Dietrich, A.D.2d [3d Dept., Apr. 27, 2000]; Panzella v. Shop Rite Supermarkets, 238 A.D.2d 490).

The Supreme Court properly determined that the defendant, a health maintenance organization, was not required to provide coverage for a procedure performed outside of the "service area" of the contract, since the procedure did not constitute a "medical emergency", as that term was defined in the contract.

The plaintiffs' remaining contentions are without merit.


Summaries of

Tranes v. Independent Health Association

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 410 (N.Y. App. Div. 2000)
Case details for

Tranes v. Independent Health Association

Case Details

Full title:ARNOLD TRANES, ET AL., APPELLANTS, v. INDEPENDENT HEALTH ASSOCIATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 21, 2000

Citations

275 A.D.2d 410 (N.Y. App. Div. 2000)
712 N.Y.S.2d 866