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PEDULLA v. N.Y. LIFE INS. CO.

159 Misc.2d 284 (1993)

603 N.Y.S.2d 988

Dominick Pedulla, Plaintiff, v. New York Life Insurance Company et al., Defendants.

Supreme Court, New York County.

November 5, 1993

Attorney(s) appearing for the Case

Amabile & Erman, Brooklyn (Melissa Cohen of counsel), for Vincent Andreano, defendant. George R. Osborne, New York City, for plaintiff.

STANLEY L. SKLAR, J.

Does the issuance by a physician of a false statement to a patient's disability carrier summarizing the physician's treatment of the patient over a year earlier, which statement results in a disclaimer of coverage, constitute medical malpractice? I hold that it does not.

Plaintiff Dominick Pedulla was a patient of defendant Vincent Andreano, M.D., from June 1988 through the end...

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