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HERMAN v. ASSOCIATED HOSP. SERV. OF NEW YORK

20 N.Y.2d 784 (1967)

Lewis Herman, Individually and as Administrator of The Estate of Rose Herman, Deceased, Appellant, v. Associated Hospital Service of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided September 28, 1967.

Attorney(s) appearing for the Case

Lewis Herman, appellant in person.

Michael C. Devine and Philip S. Plexico for respondents.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE and SCILEPPI. Judge BREITEL dissents and votes to reverse in the following opinion in which Judges BERGAN and KEATING concur.

Order affirmed, with costs, upon the memorandum opinion at the Appellate Division.

BREITEL, J. (dissenting).

The issue is whether an insured under hospital and medical benefits insurance policies who failed to tender premium payments in time has forfeited his rights by reason of a termination clause in the policies, even though the policies and the documents expressly incorporated by reference failed...

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