JOHNSON v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASS’N, 5 N.Y.2d 1031 (1959)

185 N.Y.S.2d 552, 158 N.E.2d 251

LEE JOHNSON, Appellant-Respondent, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION OF OMAHA, NEBRASKA, Respondent-Appellant.

Court of Appeals of the State of New York.Argued January 14, 1959
Decided March 13, 1959

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, FLOYD E. ANDERSON, J.

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Bruce G. Dean for appellant-respondent.

Harold E. Simpson for respondent-appellant.

Resettled judgment, insofar as appealed from, modified by increasing the amount thereof in the sum of $100 to cover hospital expenses to which plaintiff is entitled under the policy as written, with interest, and, as so modified, affirmed, with costs to plaintiff. Appeals from the judgment of April 10, 1958 dismissed as superseded. No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

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