Castronuovo v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Castronuovo v. John Hancock Mutual Life Insurance

235 A.D. 633

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1932·Published·Cited by 4 cases

Opinion

Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Young, Kapper, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the following grounds: (1) The plaintiff is not a proper party plaintiff; (2) plaintiff did not prove that proofs of death were submitted to defendant; (3) the proofs of death were admissible in evidence. I do not agree with the holding of this court in Smith v. Prudential Insurance Co. (147 App. Div. 580), but follow the holding in Vecchio v. Metropolitan Life Ins. Co. (224 id. 301) and Cirrincioni v. Metropolitan Life Insurance Co. (223 id. 461).

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Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Young, Kapper, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the following grounds: (1) The plaintiff is not a proper party plaintiff; (2) plaintiff did not prove that proofs of death were submitted to defendant; (3) the proofs of death were admissible in evidence. I do not agree with the holding of this court in Smith v. Prudential Insurance Co. (147 App. Div. 580), but follow the holding in Vecchio v. Metropolitan Life Ins. Co. (224 id. 301) and Cirrincioni v. Metropolitan Life Insurance Co. (223 id. 461).

Castronuovo v. John Hancock Mutual Life Insurance, 235 A.D. 633 (N.Y. Ct. App. 1932).

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Opinion

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