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KLAR v. ASSOCIATED HOSP. SERV.

24 Misc.2d 559 (1959)

H. Robert Klar, Plaintiff, v. Associated Hospital Service of New York, Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

March 26, 1959.

Attorney(s) appearing for the Case

Jerome S. Moshman for plaintiff. Breed, Abbott & Morgan (John L. Shurtleff and Clifford B. Storms of counsel), for defendant.

ALEXANDER SALOTTOLO, J.

This is an action to recover $322.10 for hospital insurance benefits allegedly due to the plaintiff under a policy of insurance. Defendant resists the claim, contending that the benefits claimed are for a pre-existing condition which fell under a "Limitations" clause of its contract.

After trial, the jury returned a unanimous verdict for the plaintiff for the full amount. Defendant now moves to set aside

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