SLOTKIN v. CITIZENS CAS. CO. OF NEW YORK

No. 71 Civ. 4044 (MP).

447 F.Supp. 253 (1978)

Steven John SLOTKIN, an infant by his mother and natural guardian, Charlotte Slotkin, and Charlotte Slotkin, as Executrix of the Estate of Bert Slotkin, Deceased, Plaintiffs, v. CITIZENS CASUALTY CO. OF NEW YORK, Allstate Insurance Company, American Motorists Insurance Company, American Mutual Insurance Company of Boston, Employers Mutual Liability Insurance Company of Wisconsin, Guaranty Reinsurance Company, Urbaine Fire Insurance Company, Grange League Insurance Co., National Casualty Co., Hardware Mutual Casualty Co., Arkwright-Boston Mfrs. Mutual Insurance Company, Paul Ratner, George Berkowitz, Christopher McGrath, Jr. and John McGrath, Defendants.

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

March 1, 1978.


Attorney(s) appearing for the Case

Arum, Friedman & Katz, New York City, for plaintiffs; by Theodore H. Friedman, New York City.

Granik, Silverman, Sandberg & Nowicki, New City, N.Y., for defendant Citizens Casualty Co.; by David W. Silverman, New City, N.Y.

Julien & Schlesinger, New York City, for defendant Paul Ratner; by Stuart A. Schlesinger and David Jaroslawicz, New York City.

Tell, Cheser, Breitbart & Lefkowitz, New York City, for defendant George Berkowitz; by Seymour Lefkowitz, New York City.

Hart & Hume, New York City, for defendant Christopher McGrath, Jr.; by Joseph A. Bergadano, New York City.


OPINION

POLLACK, District Judge.

A jury has returned a verdict that the moving defendants herein committed fraud, inducing plaintiffs to settle a medical malpractice action for less than they otherwise would have obtained. Now before the Court are defendants' motions to dismiss the complaint and to direct a verdict in their favor, reserved during trial, and posttrial motions to set aside the verdict and for judgment n.o.v.

The following facts have...

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