Zinner v. First Bronx Bakers Mutual Aid Ass'n
This text of 147 Misc. 47 (Zinner v. First Bronx Bakers Mutual Aid Ass'n) 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.
Opinion
The plaintiff’s proof discloses that she last heard from her husband less than seven years before this action was instituted. Since the general rule regarding the presumption arising from seven years’ absence is that the death took place at the end of the seven-year period (Connor v. N. Y. Life Ins. Co., 179 App. Div. 596, 598), the action was prematurely brought.
Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs, without prejudice.
All concur; present, Lydon, Frankenthaler and Untermyer, JJ.
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147 Misc. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zinner-v-first-bronx-bakers-mutual-aid-assn-nyappterm-1933.