Spear v. Guardian Life Insurance Co. of America

Order, Supreme Court, New York County (Stanley Ostrau, J.), entered February 4, 1985, which, inter alia: (1) granted the motion of plaintiffs for a declaratory judgment and declared that the instant insurance coverage for plaintiff Arthur Spear may not be terminated as a consequence of his eligibility for, or receipt of Medicare benefits; (2) denied the motion of plaintiffs to dismiss defendant’s counterclaims for failure to state a cause of action; and (3) denied the cross motion of defendant for summary judgment, is unanimously modified, on the law, to the extent of granting the motion of…