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TEICHMAN v. CMTY. HOSP.

87 N.Y.2d 514 (1996)

663 N.E.2d 628

640 N.Y.S.2d 472

Michelle Teichman, an Infant, by Her Mother and Natural Guardian, Camille Teichman, et al., Respondents, v. Community Hospital of Western Suffolk et al., Defendants, and Metropolitan Life Insurance Company, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1996.

Attorney(s) appearing for the Case

Edward Baer, New York City, Alan E. Lazarescu, Michelle D'Arcambal and Lawrence Wolff for intervenor-appellant.

Pegalis & Wachsman, P. C., Great Neck (Steven E. Pegalis of counsel), for respondents.

Dennis C. Vacco, Attorney-General, Albany (Victoria A. Graffeo, Peter H. Schiff and Michael S. Buskus of counsel), for State of New York, amicus curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

This medical malpractice action on behalf of an infant severely injured during birth was settled before trial between plaintiffs and defendant hospital and doctors, with no mention in the infant's compromise that it included any compensation for medical expenses. At issue is the claim of plaintiffs' insurer to recoup, out of the settlement proceeds, medical expenses it paid and will yet pay...

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