Cotter v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Cotter v. Metropolitan Life Insurance

253 A.D. 750, 300 N.Y.S. 1053, 1937 N.Y. App. Div. LEXIS 5457

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 24, 1937

StatusPublished

This text of 253 A.D. 750 (Cotter v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cotter v. Metropolitan Life Insurance, 253 A.D. 750, 300 N.Y.S. 1053, 1937 N.Y. App. Div. LEXIS 5457 (N.Y. Ct. App. 1937).

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Opinion

Appeal by defendant (a) from a judgment of the City Court of Yonkers in favor of plaintiff, and (b) from an order denying defendant’s motion to set aside the verdict and for a new trial. Judgment reversed on the law, with costs, and complaint dismissed, with costs. Appeal from order dismissed, without costs. Defendant pleaded as a defense that the insured violated the terms of the policy in suit as to sound health at the time the policy was issued, and as to hospitalization and treatment by a physician for a serious disease or complaint within two years before such time. The uncontradieted evidence established the defense in each phase. Plaintiff sought to show that defendant had waived such defense, and was estopped from asserting it, but failed to produce evidence to support a finding of waiver or estoppel.. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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Appeal by defendant (a) from a judgment of the City Court of Yonkers in favor of plaintiff, and (b) from an order denying defendant’s motion to set aside the verdict and for a new trial. Judgment reversed on the law, with costs, and complaint dismissed, with costs. Appeal from order dismissed, without costs. Defendant pleaded as a defense that the insured violated the terms of the policy in suit as to sound health at the time the policy was issued, and as to hospitalization and treatment by a physician for a serious disease or complaint within two years before such time. The uncontradieted evidence established the defense in each phase. Plaintiff sought to show that defendant had waived such defense, and was estopped from asserting it, but failed to produce evidence to support a finding of waiver or estoppel.. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

253 A.D. 750, 300 N.Y.S. 1053, 1937 N.Y. App. Div. LEXIS 5457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotter-v-metropolitan-life-insurance-nyappdiv-1937.