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SLOTKIN v. BROOKDALE HOSPITAL CENTER

No. 71 Civ. 4044 (WCC).

377 F.Supp. 275 (1974)

Steven John SLOTKIN, an infant by his father and natural guardian Bert Slotkin and Bert Slotkin, Plaintiffs, v. BROOKDALE HOSPITAL CENTER et al., Defendants.

United States District Court, S. D. New York.

May 16, 1974.

Attorney(s) appearing for the Case

Max Toberoff, Zale, Toberoff & Gould, New York City, for plaintiffs.

James E. Hannon, New York City, for defendants Christopher McGrath, Jr., Paul Ratner, and Citizens Casualty Co. of N. Y.

Bower & Gardner, New York City, for defendant Guaranty Reinsurance Co.

Tell, Cheser, Werner & Breitbart, New York City, for defendant George Berkowitz.

Mendes & Mount, New York City, for defendants Underwriters at Lloyds, Robert Gilroy, Mendes & Mount, and British Ins. Companies.

William F. O'Connor, New York City, for American Mut. Ins. Co. of Boston.

D'Amato, Costello & Shea by Richard G. McGahren, New York City, for Arkwright-Boston Mfrs. Mut. Ins. Co., National Cas. Co., Allstate Ins. Co., Urbaine Fire Ins. Co., Grange League Ins. Co., Hardware Mut. Cas. Co. and Employers Mut. Liability Ins. Co. of Wisconsin.

Proskauer, Rose, Goetz & Mendelsohn by Jacob Imberman, New York City, for The Brookdale Hospital Medical Center, Morrell Goldberg and Bernard Fuss.

CONNER, District Judge:

In this fraud action, plaintiffs charge that they were induced to settle a malpractice action against defendant Brookdale Hospital and others for $185,000, upon the representation that Brookdale had no excess liability coverage above a $200,000 policy. Defendant Paul Ratner, an officer of Citizens Casualty Insurance Company of New York, the primary insurer, and defendants John McGrath, Esq., and Christopher McGrath, Jr., Esq. ("the McGraths...

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