Presbyterian Hospital v. Maryland Casualty Co.

90 N.Y.2d 274 (1997)

683 N.E.2d 1

660 N.Y.S.2d 536

Presbyterian Hospital in the City of New York, as Assignee of Karen DeGuisto, Respondent,

v.

Maryland Casualty Company, Appellant.

Court of Appeals of the State of New York.

Argued May 1, 1997

Decided June 10, 1997.

Short & Billy, P. C., New York City (Michael Billy, Jr., of counsel), for appellant.

Joseph Henig, P. C., Bellmore (Joseph Henig and Gregory Henig of counsel), for respondent.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge BELLACOSA; Judge WESLEY dissents and votes to reverse in a separate opinion in which Judges TITONE and…