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JOHNSON v. MUT. BENEFIT HEALTH & ACCIDENT ASS'N OF OMAHA, NEBRASKA

5 N.Y.2d 1031 (1959)

Lee Johnson, Appellant-Respondent, v. Mutual Benefit Health and Accident Association of Omaha, Nebraska, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 13, 1959.

Attorney(s) appearing for the Case

Bruce G. Dean for appellant-respondent.

Harold E. Simpson for respondent-appellant.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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 Appeals from the judgment of April 10, 1958 dismissed as superseded...

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