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SOC'Y OF THE N.Y. HOSP. v. MALSKY

88 Misc.2d 832 (1976)

Society of the New York Hospital, Plaintiff, v. Edward Malsky, Defendant and Third-Party Plaintiff-Respondent. Health and Welfare Fund of the Provision Salesmen and Distributors Union, Local 627, Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

November 9, 1976

Attorney(s) appearing for the Case

Waldman & Waldman (Seymour M. Waldman and Martin Markson of counsel), for third-party defendant-appellant. Lantner & Ouslander (Morris Ouslander of counsel), for third-party defendant-respondent.

Concur — DUDLEY, P. J., RICCOBONO and TIERNEY, JJ.

Per Curiam.

Reading section 10 of the welfare plan in light of the statement of "Dependant Coverage" in booklet issued to the members of the union, we conclude that third-party plaintiff's son was a covered "Dependent" thereunder. The plan provides, inter alia, that a child of a member continues to be eligible for benefits until he reaches his 23d birthday, if he is a "full-time student working toward a degree...

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