Wolfson v. Metropolitan Life Insurance

43 N.E.2d 815, 289 N.Y. 70, 1942 N.Y. LEXIS 985

Opinion

Per Curiam.

The evidence presented an issue of fact as to whether or not the insured died as the result of a pre-existing heart condition.

The judgments should be reversed and a new trial granted with costs to appellant to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.