PUB SERV MUT INS CO v. LEVY


87 Misc.2d 924 (1976)

Public Service Mutual Insurance Company, Plaintiff, v. Kenneth R. Levy et al., Defendants.

Supreme Court, Trial Term, New York County.

September 30, 1976


Attorney(s) appearing for the Case

Bermack & Silberstein for plaintiff. Jasper & Jasper and Weiss, Molod, Berkowitz & Godosky for Kenneth R. Levy, defendant. Morris J. Eisen (Schneider, Kleinick & Weitz of counsel), for Reuben Colon, as administrator of the estate of Ada Colon, deceased, defendant.


LOUIS I. KAPLAN, J.

Plaintiff insurance company brings this action for a declaratory judgment holding that it is not obligated to pay any amount awarded against the insured defendant, Dr. Kenneth Levy, or to otherwise indemnify him under its malpractice liability policy.

On August 17, 1973, Dr. Levy, a dentist specializing in oral surgery, extracted a tooth from Ada Colon, and thereafter prescribed penicillin...

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