Society of the New York Hospital v. Malsky

Appellate Terms of the Supreme Court of New York

Society of the New York Hospital v. Malsky

88 Misc. 2d 832, 390 N.Y.S.2d 512, 1976 N.Y. Misc. LEXIS 2754

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 9, 1976

StatusPublished

Cited by3 cases

This text of 88 Misc. 2d 832 (Society of the New York Hospital v. Malsky) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Society of the New York Hospital v. Malsky, 88 Misc. 2d 832, 390 N.Y.S.2d 512, 1976 N.Y. Misc. LEXIS 2754 (N.Y. Ct. App. 1976).

Pincite

Opinion

Per 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 for a degree, is "working toward a degree at an accredited college or university” and comes within the scope of both the plan and the booklet. Indeed, in the case of third-party plaintiff’s son, at the time this action was pending in the lower court, he was a full-time student at Ramapo College of New Jersey (see, also, Weinberg v Insurance Co. of North Amer., 88 Misc 2d 82).

The judgment entered June 4, 1976 should be affirmed, with $25 costs.

Concur — Dudley, P. J., Riccobono and Tierney, JJ.

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Per 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 for a degree, is "working toward a degree at an accredited college or university” and comes within the scope of both the plan and the booklet. Indeed, in the case of third-party plaintiff’s son, at the time this action was pending in the lower court, he was a full-time student at Ramapo College of New Jersey (see, also, Weinberg v Insurance Co. of North Amer., 88 Misc 2d 82).

The judgment entered June 4, 1976 should be affirmed, with $25 costs.

Concur — Dudley, P. J., Riccobono and Tierney, JJ.

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Bluebook (online)

88 Misc. 2d 832, 390 N.Y.S.2d 512, 1976 N.Y. Misc. LEXIS 2754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/society-of-the-new-york-hospital-v-malsky-nyappterm-1976.

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