Landau v. Equitable Life Assurance Society of United States
This text of 168 Misc. 327 (Landau v. Equitable Life Assurance Society of United States) 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.
Opinion
The clause in the policy exempting disability benefits from incontestability is not ambiguous and was regarded as sufficient in (Apter v. Equitable Life Assur. Soc., 271 N. Y. 653; Kushman v. Equitable Life Assur. Soc., 253 App. Div. 921; Equitable Life Assur. Soc. v. Deem, 91 Fed. [2d] 569).
Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
All concur. Present — Hammer, Shientag and Noonan, JJ.
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168 Misc. 327, 6 N.Y.S.2d 112, 1938 N.Y. Misc. LEXIS 1802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landau-v-equitable-life-assurance-society-of-united-states-nyappterm-1938.