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Johnson v. Mutual Benefit Health & Accident Ass'n

5 N.Y.2d 1031 Court N.Y. Decision date 1959-03-13 English

Contents

Majority

p. 1031
Lee Johnson, Appellant-Respondent, v. Mutual Benefit Health and Accident Association of Omaha, Nebraska, Respondent-Appellant.
Argued January 14, 1959;
decided March 13, 1959.
p. 1033
Bruce G. Dean for appellant-respondent.
Harold E. Simpson for respondent-appellant.

Resettled judgment, insofar as appealed from, modified by increasing the amount thereof in the sum of $100 to cover hospital expenses to which plaintiff is entitled under the policy as written, with interest, and, as so modified, affirmed, with costs to plaintiff. Appeals from the judgment of April 10, 1958 dismissed as superseded. No opinion.

Concur: CMef Judge Conway and Judges Desmond, Dye, Fuld, Fboessel, Van Voobhis and Bubke.