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LUTHERAN MED CTR v. ELDERPLAN

155 Misc.2d 887 (1992)

590 N.Y.S.2d 672

Lutheran Medical Center, as Assignee of Warren Venturini, Plaintiff, v. Elderplan, Inc., Defendant.

Civil Court of the City of New York, Kings County.

October 15, 1992

Attorney(s) appearing for the Case

Cullen & Dykman, Brooklyn (John F. McKay of counsel), for defendant. Margolin & Meltzer, New York City (Michael A. Meltzer of counsel), for plaintiff.

DAVID FRIEDMAN, J.

On September 14, 1990 Warren Venturini, 73 years of age was admitted to Lutheran Medical Center where he remained until he expired on November 10, 1990. The admitting diagnosis was carcinoma of tonsil with secondary diagnoses of dehydration, malnutrition, chronic obstructive pulmonary disease, pneumonia, atherosclerotic heart disease, anemia and atrial fibrillation.

Venturini, insured...

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