Chmura v. Metropolitan Life Insurance

259 A.D. 1067, 22 N.Y.S.2d 207, 1940 N.Y. App. Div. LEXIS 7992

Opinion

Judgment of Special Term and judgment of Buffalo City Court reversed on the facts and a new trial granted in the City Court, with costs to appellant to abide the event, on the ground that the finding that the insured was not treated for a serious disease within two years is against the weight of the evidence. All concur. (The judgment of Supreme Court, Erie Special Term, affirms a judgment of the Buffalo City Court in favor of plaintiff in an action under a life insurance policy.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ,