Levy v. Prudential Insurance Co. of America

Appellate Terms of the Supreme Court of New York

Levy v. Prudential Insurance Co. of America

147 Misc. 217

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1933

StatusPublished

This text of 147 Misc. 217 (Levy 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

Levy v. Prudential Insurance Co. of America, 147 Misc. 217 (N.Y. Ct. App. 1933).

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Opinion

Per Curiam.

The statements in the certificate of death furnished by plaintiff as part of her proofs and put in evidence on the trial are in the nature of admissions (Rudolph v. John Hancock Mutual Life Ins. Co., 251 N. Y. 208; Scheiner v. Metropolitan Life Ins. Co. 236 App. Div. 24), and while it is certified therein that “ I am unable to state definitely the cause of death,” the incorporation of the diagnosis that deceased suffered three years from hypertensive heart disease, and for five years from pulmonary fibrosis is evidence which supports the defense that the insured was not in good health at the date of the policy. Plaintiff not only offered no evidence that the insured was in sound health, but on cross-examination stated that he was in the hospital each year, 1930, 1931 and 1932 — that he occasionally went for observation.

Judgments reversed, with thirty dollars costs as of one appeal, and judgments directed for defendant dismissing the complaints, with costs.

All concur; present, Lydon, Levy and Frankenthaler, JJ.

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Per Curiam.

The statements in the certificate of death furnished by plaintiff as part of her proofs and put in evidence on the trial are in the nature of admissions (Rudolph v. John Hancock Mutual Life Ins. Co., 251 N. Y. 208; Scheiner v. Metropolitan Life Ins. Co. 236 App. Div. 24), and while it is certified therein that “ I am unable to state definitely the cause of death,” the incorporation of the diagnosis that deceased suffered three years from hypertensive heart disease, and for five years from pulmonary fibrosis is evidence which supports the defense that the insured was not in good health at the date of the policy. Plaintiff not only offered no evidence that the insured was in sound health, but on cross-examination stated that he was in the hospital each year, 1930, 1931 and 1932 — that he occasionally went for observation.

Judgments reversed, with thirty dollars costs as of one appeal, and judgments directed for defendant dismissing the complaints, with costs.

All concur; present, Lydon, Levy and Frankenthaler, JJ.

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147 Misc. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-prudential-insurance-co-of-america-nyappterm-1933.

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