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PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK v. EMPIRE INS. CO.

220 A.D.2d 733 (1995)

633 N.Y.S.2d 339

Presbyterian Hospital in the City of New York, as Assignee of Simon Greenbaum, Respondent, v. Empire Insurance Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 30, 1995

Ordered that the judgment is modified, on the law, by deleting the provision thereof which awarded judgment to the plaintiff in the sum of $8,551.74 and substituting therefor a provision awarding judgment to the plaintiff in the sum of $2,206.79; as so modified, the judgment is affirmed insofar as appealed from, with costs to the defendants.

Prior to the hospitalization at issue on this appeal, the plaintiff's assignor had exhausted $47,793.21 of his $50,000 nofault...

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