Starr v. Equitable Life Assurance Society

Appellate Terms of the Supreme Court of New York

Starr v. Equitable Life Assurance Society

179 Misc. 951, 40 N.Y.S.2d 511, 1943 N.Y. Misc. LEXIS 1695

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 16, 1943

StatusPublished

This text of 179 Misc. 951 (Starr v. Equitable Life Assurance Society) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Starr v. Equitable Life Assurance Society, 179 Misc. 951, 40 N.Y.S.2d 511, 1943 N.Y. Misc. LEXIS 1695 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The decision in 257 App. Div. 261, which reversed the judgment entered after the prior trial holding the verdict [952]*952for plaintiff was contrary to the weight of the evidence, is controlling here. Although there is additional proof on each side, we think the weight of the evidence remains substantially the same. Defendant’s proof of occupation and activity for subsequent periods, corroborated by motion pictures, weakens the testimony thereon by plaintiff’s witnesses.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — McCook, Hammer and Rosenman, JJ.

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

Per Curiam.

The decision in 257 App. Div. 261, which reversed the judgment entered after the prior trial holding the verdict [952]*952for plaintiff was contrary to the weight of the evidence, is controlling here. Although there is additional proof on each side, we think the weight of the evidence remains substantially the same. Defendant’s proof of occupation and activity for subsequent periods, corroborated by motion pictures, weakens the testimony thereon by plaintiff’s witnesses.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — McCook, Hammer and Rosenman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

179 Misc. 951, 40 N.Y.S.2d 511, 1943 N.Y. Misc. LEXIS 1695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starr-v-equitable-life-assurance-society-nyappterm-1943.

Opinion

Related

Cite This Page — Counsel Stack