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RUBIN v. EMPIRE MUT. INS.

32 A.D.2d 1 (1969)

Marvin Rubin, Respondent, v. Empire Mutual Insurance Company, Appellant

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

April 10, 1969.

Attorney(s) appearing for the Case

Philip Hoffer of counsel (Rose L. Hoffer with him on the brief; Philip Hoffer, attorney), for appellant.

Bernard H. Mazur of counsel (Mazur, Dontzin & Mazur, attorneys), for respondent.

EAGER, J. P., and MARKEWICH, J., concur with STEUER, J.; NUNEZ, J., dissents and votes to affirm in opinion, in which McGIVERN, J., concurs.

STEUER, J.

Plaintiff is the insured under a standard automobile policy issued by defendant. A part of the coverage provided is thus expressed in the policy:

"Coverage C — Medical Payments. To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, X-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional...

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