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  5. 25 N.Y.2d 426 (1969)
 

RUBIN v. EMPIRE MUT. INS. CO.

25 N.Y.2d 426 (1969)

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

Court of Appeals of the State of New York.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Bernard H. Mazur for appellant.

Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for respondent.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge GIBSON; Judges SCILEPPI, BREITEL and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

GIBSON, J.

The appeal presents the question whether an insured under an automobile liability policy is entitled to receive payment of the amount of his medical expenses, under the medical expense provisions of the policy, despite the fact that such medical expenses were paid, pursuant to his employer's coverage under the Workmen's Compensation Law, to the persons rendering...

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