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RODRIGUEZ v. McGRAW-HILL COMPANIES, INC.

No. 02 Civ. 0045(JSR).

297 F.Supp.2d 676 (2004)

Yvonne RODRIGUEZ, Plaintiff, v. The McGRAW-HILL COMPANIES, INC. Long Term Disability Plan, Robert Marchetti, as Administrator of The McGraw-Hill Companies, Inc. Long Term Disability Plan, The McGraw-Hill Companies, Inc., and The Prudential Insurance Company of America, Defendants.

United States District Court, S.D. New York.

January 6, 2004.

Attorney(s) appearing for the Case

Daniel G. Heyman, Scarsdale, NY, for Plaintiff.

Gregory I. Rasin, Jackson Lewis, LLP, Cuyler Burk, Julie M. Vales, Cuyler, Burk, L.L.P., New York City, for Defendants.

OPINION AND ORDER

RAKOFF, District Judge.

With the gruesome example of AIDS so salient in our collective consciousness, it should come as no surprise that "new" diseases are first recognized by their symptoms and only much later by their etiology. At what point, therefore, an ailment becomes "medically determinable" is a complex question, not easily reducible to a single test or formula. The issue here...

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