Schecter v. Equitable Life Assurance Society of the United States

Appellate Division of the Supreme Court of New York

Schecter v. Equitable Life Assurance Society of the United States

275 A.D.2d 958

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

DecidedJune 20, 1949

StatusPublished

This text of 275 A.D.2d 958 (Schecter v. Equitable Life Assurance Society of the United States) 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

Schecter v. Equitable Life Assurance Society of the United States, 275 A.D.2d 958 (N.Y. Ct. App. 1949).

Pincite

Opinion

The insured was the owner and manager of a garage. He employed a day man and a night man to do the manual work incidental to the operation of a garage and ordinarily did no such work. Because of the twenty-eight-inch snowfall on December 26, 1947, he unusually exerted himself extricating ears from the snow, helping owners and operators of motor vehicles, and in working around the garage. These unusual overexertions continued from December 26, 1947, to January 3, 1948, resulting in damage to his heart and, finally, his death. Proof of all that was stated in the opening to be the facts would not have made a prima facie case of liability under the policy (Wilcox v. Mutual Life Ins. Co., 265 N. Y. 665). Present — Nolan, P. J., Carswell, Sneed, Wenzel and MacCrate, JJ. [See post, p. 1002.]

Free access — add to your briefcase to read the full text and ask questions with AI

The insured was the owner and manager of a garage. He employed a day man and a night man to do the manual work incidental to the operation of a garage and ordinarily did no such work. Because of the twenty-eight-inch snowfall on December 26, 1947, he unusually exerted himself extricating ears from the snow, helping owners and operators of motor vehicles, and in working around the garage. These unusual overexertions continued from December 26, 1947, to January 3, 1948, resulting in damage to his heart and, finally, his death. Proof of all that was stated in the opening to be the facts would not have made a prima facie case of liability under the policy (Wilcox v. Mutual Life Ins. Co., 265 N. Y. 665). Present — Nolan, P. J., Carswell, Sneed, Wenzel and MacCrate, JJ. [See post, p. 1002.]

Cite This Page — Counsel Stack

Bluebook (online)

275 A.D.2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schecter-v-equitable-life-assurance-society-of-the-united-states-nyappdiv-1949.

Opinion

Related

Cite This Page — Counsel Stack