Rosenberg v. Commercial Travelers Mutual Accident Ass'n of America

Appellate Division of the Supreme Court of New York

Rosenberg v. Commercial Travelers Mutual Accident Ass'n of America

248 A.D. 714

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

DecidedJune 15, 1936

StatusPublished

This text of 248 A.D. 714 (Rosenberg v. Commercial Travelers Mutual Accident Ass'n 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

Rosenberg v. Commercial Travelers Mutual Accident Ass'n of America, 248 A.D. 714 (N.Y. Ct. App. 1936).

Pincite

Opinion

Plaintiffs as beneficiaries under a policy of accident insurance issued by defendant to Ignatz Rosenberg, the husband of plaintiff, Wilma Rosenberg, brought this action to recover $5,000, the amount of the policy, claiming that the insured received bodily injuries caused solely and exclusively by external, violent and accidental means, which were the direct and proximate cause of the death of the insured. Judgment entered on a verdict in favor of plaintiffs, after trial at Trial Term, affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the verdict was against the weight of the credible testimony, including the documentary records and the formal proofs of loss filed with defendant by the plaintiffs.

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Plaintiffs as beneficiaries under a policy of accident insurance issued by defendant to Ignatz Rosenberg, the husband of plaintiff, Wilma Rosenberg, brought this action to recover $5,000, the amount of the policy, claiming that the insured received bodily injuries caused solely and exclusively by external, violent and accidental means, which were the direct and proximate cause of the death of the insured. Judgment entered on a verdict in favor of plaintiffs, after trial at Trial Term, affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the verdict was against the weight of the credible testimony, including the documentary records and the formal proofs of loss filed with defendant by the plaintiffs.

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Bluebook (online)

248 A.D. 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-commercial-travelers-mutual-accident-assn-of-america-nyappdiv-1936.