Lanciano v. Prudential Insurance Co. of America

Appellate Terms of the Supreme Court of New York

Lanciano v. Prudential Insurance Co. of America

140 Misc. 651, 251 N.Y.S. 530, 1931 N.Y. Misc. LEXIS 1448

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 25, 1931

StatusPublished

This text of 140 Misc. 651 (Lanciano v. Prudential Insurance Co. of America) 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

Lanciano v. Prudential Insurance Co. of America, 140 Misc. 651, 251 N.Y.S. 530, 1931 N.Y. Misc. LEXIS 1448 (N.Y. Ct. App. 1931).

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Opinion

Per Curiam.

Although the evidence does not require a finding that there was a breach of the condition of sound health at the date of the policy, reversible error is presented by the ruling of the trial judge excluding the testimony of the physician called by the defendant, who examined the assured during her last illness, as to her condition at the time of such examination, plaintiff’s counsel having previously, upon examination of another physician, disclosed the cause of the patient’s death. (Capron v. Douglass, 193 N. Y. 11.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiam.

Although the evidence does not require a finding that there was a breach of the condition of sound health at the date of the policy, reversible error is presented by the ruling of the trial judge excluding the testimony of the physician called by the defendant, who examined the assured during her last illness, as to her condition at the time of such examination, plaintiff’s counsel having previously, upon examination of another physician, disclosed the cause of the patient’s death. (Capron v. Douglass, 193 N. Y. 11.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Bluebook (online)

140 Misc. 651, 251 N.Y.S. 530, 1931 N.Y. Misc. LEXIS 1448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanciano-v-prudential-insurance-co-of-america-nyappterm-1931.

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