Finkelstein v. Metropolitan Life Insurance

152 Misc. 439, 273 N.Y.S. 629, 1934 N.Y. Misc. LEXIS 1520

• Court: Appellate Terms of the Supreme Court of New York
• Decided: July 25, 1934
• Status: Published

Opinion

Per Curiam.

Inasmuch as the insured’s doctor advised him to submit to an operation for hernia, and testified that in his opinion a prudent man would have followed that advice, it cannot be held that the condition from which the insured was suffering constituted a total and permanent disability within the meaning of the policy. (See Palloni v. Brooklyn-Manhattan Transit ,Corp., 215 App. Div. 634.)

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.