Steven John SLOTKIN, an infant by his mother and natural guardian, Charlotte Slotkin, and Charlotte Slotkin, as Executrix of the Estate of Bert Slotkin, deceased, Plaintiffs,
v.
CITIZENS CASUALTY CO. OF NEW YORK, Allstate Insurance Company, American Motorists Insurance Company, American Mutual Insurance Company of Boston, Employers Mutual Liability Insurance Company of Wisconsin, Guaranty Reinsurance Company, Urbaine Fire Insurance Company, Grange League Insurance Co., National Casualty Co., Hardware Mutual Casualty Co., Arwright-Boston Mfrs. Mutual Insurance Co., Paul Ratner, George Berkowitz, Christopher McGrath, Jr. and John McGrath, Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
January 28, 1982.
January 28, 1982.
Attorney(s) appearing for the Case
William F. O'Connor, New York City, Attorney for defendant American Mutual Ins. Co. of Boston.
Bower & Gardner, New York City (Howard R. Cohen, New York City, of counsel), for defendant Guaranty Reinsurance Co.
Tell, Cheser, Breitbart & Lefkowitz, New York City (Seymore Lefkowitz, New York City, of counsel), for defendant George Berkowitz.
Hart & Hume, New York City (Joseph A. Bergadano, New York City, of counsel), for defendant Christopher McGrath, Jr.
Casey, Lane & Mittendorf, New York City (Preben Jensen, New York City, of counsel), for defendant John McGrath.
Proskauer, Rose, Goetz & Mendelsohn, New York City (Lois D. Thompson, New York City, of counsel), for third-party defendants Brookdale Hospital, Bernard Furr, and Morrell Goldberg.
Friedman & Eisenstein, New York City (Jethro M. Eisenstein, Max Toberoff, Theodore H. Friedman, New York City, of counsel), for plaintiffs.
Granik, Silverman, Sandberg & Nowicki, New York City (Paul Nowicki, New York City, of counsel), for defendant Citizens Cas. Co.
D'Amato & Lynch, New York City (Kenneth A. Sagat, Elliot B. Pasik, Grace B. Goldblatt, New York City, of counsel), for defendants Allstate Ins. Co., Urbaine Fire Ins. Co., Arkwright-Boston Mfrs. Mut. Ins. Co., Hardware Mut. Cas. Co., and Nat. Cas. Co.
United States District Court, S. D. New York.
MEMORANDUM OPINION AND ORDER
SOFAER, District Judge:
This case is a fraud action arising from the settlement in 1971 of a hospital malpractice action brought by plaintiffs in the Supreme Court, Kings County, against Brookdale Hospital Center. The hospital's primary insurer was Citizens Casualty Company of New York ("Citizens"), with whom the hospital had primary malpractice insurance coverage for up to $200,000. In addition, the hospital had $1,000,000 in...
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