Messinger v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Messinger v. Metropolitan Life Insurance

257 A.D. 921, 12 N.Y.S.2d 168, 1939 N.Y. App. Div. LEXIS 8406

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

DecidedMay 19, 1939

StatusPublished

This text of 257 A.D. 921 (Messinger v. Metropolitan Life Insurance) 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

Messinger v. Metropolitan Life Insurance, 257 A.D. 921, 12 N.Y.S.2d 168, 1939 N.Y. App. Div. LEXIS 8406 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment and order affirmed, with costs. Memorandum: We find in the record sufficient proof to support a finding by the jury that at the time of plaintiff’s alleged total disability he had attained the age of sixty years, which fact would, under the provisions of the policies in suit, defeat his right to total disability benefits. We also conclude that on the whole case a finding that plaintiff did not suffer total and permanent disability was not against the weight of the evidence. We find no error in the rulings of the trial justice on the evidence. All concur. (The judgment is for defendant in an action under a disability rider on insurance policies. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: We find in the record sufficient proof to support a finding by the jury that at the time of plaintiff’s alleged total disability he had attained the age of sixty years, which fact would, under the provisions of the policies in suit, defeat his right to total disability benefits. We also conclude that on the whole case a finding that plaintiff did not suffer total and permanent disability was not against the weight of the evidence. We find no error in the rulings of the trial justice on the evidence. All concur. (The judgment is for defendant in an action under a disability rider on insurance policies. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 921, 12 N.Y.S.2d 168, 1939 N.Y. App. Div. LEXIS 8406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messinger-v-metropolitan-life-insurance-nyappdiv-1939.