FLUSHING HOSP. v. WOYTISEK


49 A.D.2d 382 (1975)

Flushing Hospital and Medical Center, Plaintiff, v. Robert E. Woytisek, Defendant and Third-Party Plaintiff-Appellant. Associated Hospital Service of New York, Third-Party Defendant-Respondent

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

November 17, 1975


Attorney(s) appearing for the Case

Morris Weissberg (Robert J. Krengel of counsel), for appellant.

Jerrold I. Ehrlich (Joseph M. Piepul of counsel), for respondent.

Hayt, Hayt, Tolmach & Landau (Marvin L. Tenzer of counsel), for Maimonides Medical Center, amicus curiae.

MARTUSCELLO, Acting P. J., and BRENNAN, J., concur with SHAPIRO, J.; LATHAM, J., dissents and votes to affirm the order of the Appellate Term, with an opinion.


SHAPIRO, J.

The issue here is whether the meaning of the provision of a policy of insurance issued by the third-party defendant, Associated Hospital Service of New York (Blue Cross), which reads: "Discount Days. The hospital shall make no charge to the Subscriber for 50% of the hospital's regular charges for Hospital Service rendered during the Discount days", is so clear, in and of itself, that its interpretation...

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