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CENT GEN HOSP v. ARBITR ASSN

91 Misc.2d 516 (1977)

Central General Hospital, as Assignee of Charles Hersey, Parent and Natural Guardian of Keith Hersey, Petitioner, v. American Arbitration Association, Respondent. Charles Hersey, as Parent and Natural Guardian of Keith Hersey, an Infant, Petitioner, v. Central General Hospital, as Assignee of Charles Hersey, Parent and Natural Guardian of Keith Hersey, et al., Respondents.

Supreme Court, Special Term, Nassau County.

May 23, 1977

Attorney(s) appearing for the Case

Joseph Henig, for Central General Hospital, petitioner. Cooper & McElligott for Charles Hersey, petitioner.

BERNARD F. McCAFFREY, J.

The threshold issue to be determined in this matter is whether, under the provisions of sections 670 and 671 of the Insurance Law, Central General Hospital, as health services provider to Keith Hersey, and assignee of the health benefits, has the sole right under the New York Automobile Reparations Act (no-fault) (Insurance Law, § 670), to the exclusion of the infant petitioner, Keith Hersey, who was comatose at the...

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