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LONG ISLAND COLL. HOSP. v. HERTZ

10 A.D.2d 649 (1960)

Long Island College Hospital, Plaintiff, v. Abraham Hertz, Defendant and Third-Party Plaintiff-Respondent. Associated Hospital Service of New York, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 29, 1960

Respondent sought to recover, under his contract of insurance, the amount of payments made by him for hospital services which he had received from plaintiff. Appellant disclaimed liability on the ground that respondent's hospitalization was primarily for diagnostic purposes and was therefore excluded under the express terms of its contract. The trial court found that respondent was admitted to the hospital for the purpose of treatment...

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