Tila v. Travelers Insurance

Appellate Terms of the Supreme Court of New York

Tila v. Travelers Insurance

183 Misc. 633, 55 N.Y.S.2d 401, 1944 N.Y. Misc. LEXIS 1519

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 20, 1944

StatusPublished

This text of 183 Misc. 633 (Tila v. Travelers Insurance) 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

Tila v. Travelers Insurance, 183 Misc. 633, 55 N.Y.S.2d 401, 1944 N.Y. Misc. LEXIS 1519 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum

Per Curiam.

The undisputed facts submitted in support of the motion for summary judgment establishes that the insured was not disabled from engaging in gainful occupation during the period for which disability benefits are sought. The insured was profitably employed during the period as a farm hand, performing to the satisfaction of his employers all of the duties attending such employment. The adjudication of the insured as an incompetent in 1936, is not determinative of the issue of his competency in 1943. (Pickup, as Committee, v. Traveler’s Ins. Co., No. 702, November, 1940, Term.) The evidential value of the adjudication to the plaintiff was overcome by the insured’s discharge from parole and by the facts relating to his actual employment.

The order should be reversed upon the law, with ten dollars costs to the defendant, and motion granted, with ten dollars costs.

Smith, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

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Memorandum

Per Curiam.

The undisputed facts submitted in support of the motion for summary judgment establishes that the insured was not disabled from engaging in gainful occupation during the period for which disability benefits are sought. The insured was profitably employed during the period as a farm hand, performing to the satisfaction of his employers all of the duties attending such employment. The adjudication of the insured as an incompetent in 1936, is not determinative of the issue of his competency in 1943. (Pickup, as Committee, v. Traveler’s Ins. Co., No. 702, November, 1940, Term.) The evidential value of the adjudication to the plaintiff was overcome by the insured’s discharge from parole and by the facts relating to his actual employment.

The order should be reversed upon the law, with ten dollars costs to the defendant, and motion granted, with ten dollars costs.

Smith, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.

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Bluebook (online)

183 Misc. 633, 55 N.Y.S.2d 401, 1944 N.Y. Misc. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tila-v-travelers-insurance-nyappterm-1944.