Zuckerberg v. Blue Cross & Blue Shield — 67 N.Y.2d 688

Majority

p. 688

Johanna Zuckerberg, as Administratrix of the Estate of Harry J. Zuckerberg, Deceased, Appellant, v Blue Cross and Blue Shield of Greater New York, Respondent.

Argued January 8, 1986;

decided February 6, 1986

p. 690

APPEARANCES OF COUNSEL

Stephen W. Schlissel and David Lazer for appellant.

Sheila M. Rennert, John L. Shurtleff, Jerrold I. Ehrlich and Ellen Barrett Levin for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree that plaintiff failed to sustain her burden of proving that Hospital La Gloria provided "medical and surgical or obstetrical care” as contemplated by the definition of "hospital” contained in the Blue Cross community rated contract. Because the contract definition of "hospital” is clear and unambiguous, there is no basis here for application of the "substantial compliance” doctrine.

Thus, it is unnecessary to reach any of the other issues raised by plaintiff.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.

Order affirmed, with costs, in a memorandum.