McKinney v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

McKinney v. Prudential Insurance Co. of America

252 A.D. 768, 299 N.Y.S. 758, 1937 N.Y. App. Div. LEXIS 6225

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

DecidedOctober 18, 1937

StatusPublished

This text of 252 A.D. 768 (McKinney v. Prudential Insurance Co. of America) 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

McKinney v. Prudential Insurance Co. of America, 252 A.D. 768, 299 N.Y.S. 758, 1937 N.Y. App. Div. LEXIS 6225 (N.Y. Ct. App. 1937).

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Opinion

Order denying plaintiff’s motion for an order vacating dismissal of the complaint and the judgment entered thereon and restoring the action to the trial calendar, affirmed, with ten dollars costs and disbursements. In our opinion, after examination of the records of the testimony adduced upon the two former trials, plaintiff is without a meritorious cause of action. The medical testimony as to the cause of death is pure conjecture and discloses an admission that a condition of arteriosclerosis contributed thereto. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Order denying plaintiff’s motion for an order vacating dismissal of the complaint and the judgment entered thereon and restoring the action to the trial calendar, affirmed, with ten dollars costs and disbursements. In our opinion, after examination of the records of the testimony adduced upon the two former trials, plaintiff is without a meritorious cause of action. The medical testimony as to the cause of death is pure conjecture and discloses an admission that a condition of arteriosclerosis contributed thereto. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

252 A.D. 768, 299 N.Y.S. 758, 1937 N.Y. App. Div. LEXIS 6225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-prudential-insurance-co-of-america-nyappdiv-1937.