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CURTIN v. COMMUNITY HEALTH PLAN

276 A.D.2d 884 (2000)

714 N.Y.S.2d 772

JOSEPH M. CURTIN, Appellant, v. COMMUNITY HEALTH PLAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided October 19, 2000.

Lahtinen, J.

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 was then examined by a surgeon at an Albany hospital who recommended a radical prostatectomy after...

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