Salzman v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of New York

Salzman v. Prudential Insurance Co. of America

270 A.D. 980, 62 N.Y.S.2d 819, 1946 N.Y. App. Div. LEXIS 4932

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

DecidedMay 15, 1946

StatusPublished

This text of 270 A.D. 980 (Salzman 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

Salzman v. Prudential Insurance Co. of America, 270 A.D. 980, 62 N.Y.S.2d 819, 1946 N.Y. App. Div. LEXIS 4932 (N.Y. Ct. App. 1946).

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Opinion

Judgment affirmed, with costs, on the authority of Strulti v. Travelers Insurance Go. (255 App. Div. 527, affd. 281 N. Y. 584). All concur, except Taylor, P. J., and Harris, J., who dissent and vote for reversal and for granting a new trial on the ground that the retention and cashing of the cheek sent the company in April, 1942, and the manner in which the so-called reinstatement application was obtained and filled out, and the failure to prove the sending of the notice required by section 151 of the Insurance Law presented questions of fact. (The judgment dismisses the complaint in an action under a life insurance policy.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ.

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Judgment affirmed, with costs, on the authority of Strulti v. Travelers Insurance Go. (255 App. Div. 527, affd. 281 N. Y. 584). All concur, except Taylor, P. J., and Harris, J., who dissent and vote for reversal and for granting a new trial on the ground that the retention and cashing of the cheek sent the company in April, 1942, and the manner in which the so-called reinstatement application was obtained and filled out, and the failure to prove the sending of the notice required by section 151 of the Insurance Law presented questions of fact. (The judgment dismisses the complaint in an action under a life insurance policy.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ.

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Bluebook (online)

270 A.D. 980, 62 N.Y.S.2d 819, 1946 N.Y. App. Div. LEXIS 4932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salzman-v-prudential-insurance-co-of-america-nyappdiv-1946.

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