Friedman v. Metropolitan Life Insurance

267 A.D. 416, 46 N.Y.S.2d 237, 1944 N.Y. App. Div. LEXIS 4740

Opinions

Per Curiam.

In order to avoid the condition of the policy requiring indorsement on the policy of medical treatment of the insured within a period of two years from the date of the policy, the plaintiff offered evidence that the treatment was for a disease which was disclosed to the defendant. That evidence, however, was contradicted by proof offered by the defendant. The issue thus created should have been submitted to the jury.

. The determination of the Appellate Term and the judgment of the Municipal Court should, be reversed and a new trial granted, with costs in this court and in the Appellate Term to the appellant to abide the event.