Kane v. Metropolitan Life Insurance

Appellate Terms of the Supreme Court of New York

Kane v. Metropolitan Life Insurance

161 Misc. 303, 292 N.Y.S. 395, 1932 N.Y. Misc. LEXIS 1807

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 21, 1932

StatusPublished

This text of 161 Misc. 303 (Kane v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kane v. Metropolitan Life Insurance, 161 Misc. 303, 292 N.Y.S. 395, 1932 N.Y. Misc. LEXIS 1807 (N.Y. Ct. App. 1932).

Pincite

Opinion

Per Curiam.

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below.

Respondent states in her brief that she is not relying upon the answer to show that proofs of death were furnished. The papers having been marked for identification only and not having been received in evidence, plaintiff offered no proof that she complied with the condition of the policy and defendant’s motion to dismiss should have been granted. There is no proof of waiver. No opinion.

All concur. Present •— Cropsey, MacCrate and Johnston, JJ.

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Per Curiam.

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below.

Respondent states in her brief that she is not relying upon the answer to show that proofs of death were furnished. The papers having been marked for identification only and not having been received in evidence, plaintiff offered no proof that she complied with the condition of the policy and defendant’s motion to dismiss should have been granted. There is no proof of waiver. No opinion.

All concur. Present •— Cropsey, MacCrate and Johnston, JJ.

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Bluebook (online)

161 Misc. 303, 292 N.Y.S. 395, 1932 N.Y. Misc. LEXIS 1807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-metropolitan-life-insurance-nyappterm-1932.