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Society of the New York Hospital v. Malsky

88 Misc. 2d 832 Court Supreme Court, Appellate Term, First Department, Decision date 1976-11-09 English

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p. 832
Society of the New York Hospital, Plaintiff, v Edward Malsky, Defendant and Third-Party Plaintiff-Respondent. Health and Welfare Fund of the Provision Salesmen and Distributors Union, Local 627, Third-Party Defendant-Appellant.
Supreme Court, Appellate Term, First Department,
November 9, 1976
p. 833
Waldman & Waldman (Seymour M. Waldman and Martin Markson of counsel), for third-party defendant-appellant. Lantner & Ouslander (Morris Ouslander of counsel), for third-party defendant-respondent.

Reading section 10 of the welfare plan in light of the statement of "Dependant Coverage” in booklet issued to the members of the union, we conclude that third-party plaintiff’s son was a covered "Dependent” thereunder. The plan provides, inter alia, that a child of a member continues to be eligible for benefits until he reaches his 23d birthday, if he is a "full-time student working toward a degree at an accredited college or university” (§ 10, [b][3]). The booklet states simply that he must be "a full time student.” A full-time,, registered student in a high school, planning to go to college for a degree, is "working toward a degree at an accredited college or university” and comes within the scope of both the plan and the booklet. Indeed, in the case of third-party plaintiff’s son, at the time this action was pending in the lower court, he was a full-time student at Ramapo College of New Jersey (see, also, Weinberg v Insurance Co. of North Amer., 88 Misc 2d 82 ).

The judgment entered June 4, 1976 should be affirmed, with $25 costs.

Concur — Dudley, P. J., Riccobono and Tierney, JJ.

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