Finkelstein v. Metropolitan Life Insurance

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

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.