Loewenthal v. Commercial Travelers Mutual Accident Ass'n

Appellate Division of the Supreme Court of New York

Loewenthal v. Commercial Travelers Mutual Accident Ass'n

253 A.D. 583, 3 N.Y.S.2d 473, 1938 N.Y. App. Div. LEXIS 8501

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 1938

StatusPublished

Cited by1 cases

This text of 253 A.D. 583 (Loewenthal v. Commercial Travelers Mutual Accident Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Loewenthal v. Commercial Travelers Mutual Accident Ass'n, 253 A.D. 583, 3 N.Y.S.2d 473, 1938 N.Y. App. Div. LEXIS 8501 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

The evidence presented an issue of fact as to whether the insured died as the result of an infection following the extraction of teeth, which the jury could have found were not previously infected, or whether he died as the result of the heart disease from which he suffered.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. ’

Present ■— Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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