Society of New York Hospital v. Malsky
| Decision Date | 09 November 1976 |
| Citation | 390 N.Y.S.2d 512,88 Misc.2d 832 |
| Parties | SOCIETY OF the NEW YORK HOSPITAL, Plaintiff, v. Edward MALSKY, Defendant. Edward MALSKY, Third-Party Plaintiff-Respondent, v. The HEALTH AND WELFARE FUND OF the PROVISION SALESMEN AND DISTRIBUTORS UNION, LOCAL 627, Third-Party Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Term |
Waldman & Waldman, New York City (Seymour M. Waldman and Martin Markson, New York City, of counsel), for third-party defendant-appellant.
Lantner & Ouslander, New York City (Morris Ouslander, New York City, of counsel), for third-party defendant-respondent.
Before DUDLEY, P.J., and RICCOBONO and TIERNEY, JJ.
The judgment entered June 4, 1976 should be affirmed with $25 costs.
Reading section 10 of the Welfare Plan in light of the statement of 'Dependent Coverage' in the 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 twenty-third birthday, if he is a 'full-time student working toward a degree at an accredited college or university' (Sec. 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. Ins. Co. of North America, Sup., 88 Misc.2d 82, 388 N.Y.S.2d 69 (1976)).
All concur.
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Collier v. MD-Individual Practice Ass'n, Inc.
... ... The court in Society of the New York Hosp. v. Malsky, 86 Misc.2d 221, 382 N.Y.S.2d 433, aff'd, ... ...
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Hampton v. District Council 37 Health & Sec. Plan
...law." (Society of N. Y. Hospital v. Malsky, 86 Misc.2d 221, 223, 382 N.Y.S.2d 433, 435 (Civil Ct., N.Y.Co.), Aff'd, 88 Misc.2d 832, 390 N.Y.S.2d 512 (App.T., 1st Dept. 1976)). Based upon the credible evidence before it, this Court finds the contractual construction urged by defendant to be ......
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Brown v. Group Health Inc., 2007 NY Slip Op 33136(U) (N.Y. Sup. Ct. 9/25/2007)
...thus may enforce any rights they may have thereunder (Society of the New York Hospital v. Malsky, 86 Misc2d 221 [Civ Ct. NY Co.], aff'd, 88 Misc2d 832 (Appellate Term 1st Dept 1976]). The certificate of insurance, in this case the Plan, "appraise[s] the holder of the rights [they] may expec......
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Brown v. Group Health Inc., 2007 NY Slip Op 51948(U) (N.Y. Sup. Ct. 9/25/2007), 113170/2005.
...thus may enforce any rights they may have thereunder (Society of the New York Hospital v. Malsky, 86 Misc 2d 221 [Civ Ct. NY Co.], aff'd, 88 Misc 2d 832 (Appellate Term 1st Dept 1976]). The certificate of insurance, in this case the Plan, "appraise[s] the holder of the rights [they] may exp......