Tufino v. New York Hotel & Motel Trades Council & Hotel Ass'ns
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
Decedent was a member of the New York Hotel and Motel Trades Council and Hotel Associations of the New York City AFL-CIO Local 6 (Union), which administers and operates an Employee Retirement Income Security Act of 1974 (29 USC 1001 et seq. [ERISA]) qualified, employer-funded comprehensive medical plan for its members. In September 1987, when she was 65 years of age, decedent underwent surgery for a mitral valve replacement. Her hospital stay was uneventful and she recovered without incident.
Following surgery, decedent came under the care of physicians,…
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