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SHAPIRA v. UNITED MED. SERV.

15 N.Y.2d 200 (1965)

Daniel Shapira, Appellant, v. United Medical Service, Inc., Respondent. John I. Sandson, Appellant, v. United Medical Service, Inc., Respondent. I. Herbert Scheinberg, Appellant, v. United Medical Service, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1965.

Attorney(s) appearing for the Case

Emanuel Dannett, Joseph D. McGoldrick, Bernard Buchholz and Eugene Mittelman for appellants.

Richard T. Davis and William C. Woodson for respondent.

Gustave Simons for Southern New York Medical Education and Research Foundation, amicus curiæ.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS and SCILEPPI concur with Judge BURKE; Judge BERGAN dissents in an opinion in which Judge FULD concurs.

BURKE, J.

These are three test actions brought to recover benefits claimed to be payable under the provisions of contracts issued by the respondent, a nonprofit medical indemnity corporation, for physicians' services rendered to United Medical Service subscribers (Messrs. Tobias and Schmier and Miss Sinnette) in wards of a New York City Municipal Hospital.

Each appellant asserts that he rendered medical...

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