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ZAITSCHEK v. EMPIRE

166 Misc.2d 161 (1995)

632 N.Y.S.2d 434

Burton Zaitschek, as Executor of Esther Neder, Deceased, Plaintiff, v. Empire Blue Cross & Blue Shield, Defendant.

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

September 5, 1995

Attorney(s) appearing for the Case

Michael S. Winokur, Rego Park, for plaintiff. Jeffrey D. Chansler, New York City, for defendant.

FREDERICK D. SCHMIDT, J.

Plaintiff's decedent entered into a health insurance contract with defendant not-for-profit corporation. Although the decedent did not pay her quarterly premium on its due date of March 1, 1989, she filed a claim against the policy on March 6 of that year. While defendant paid the amount of the claim, the check was returned by the attorney for the decedent's estate, who asked that...

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