Legal Opinion

Society of the New York Hospital v. Malsky

Appellate Terms of the Supreme Court of New York

Decided November 9, 1976PublishedCited by 3 opinions

1Per curiam

Reading section 10 of the welfare plan in light of the statement of "Dependant Coverage” in booklet issued to the members of the union, we conclude that third-party plaintiff’s son was a covered "Dependent” thereunder. The plan provides, inter alia, that a child of a member continues to be eligible for benefits until he reaches his 23d birthday, if he is a "full-time student working toward a degree at an accredited college or university” (§ 10, [b][3]). The booklet states simply that he must be "a full time student.” A full-time,, registered student in a high school, planning to go to college…

2Cases cited1 opinion

  1. Weinberg v. Insurance Co. of North AmericaAppellate Terms of the Supreme Court of New York · 1976

3Cited by3 opinions

  1. Collier v. MD-Individual Practice Ass'nCourt of Appeals of Maryland · 1992
  2. Hampton v. District Council 37 Health & Security PlanCivil Court of the City of New York · 1978
  3. Celestin v. American Transit InsuranceCivil Court of the City of New York · 2002

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