Opinion
Argued January 14, 1943
Decided March 4, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Lawrence Kovalsky, David Goldstein and Irving M. Berry for appellants.
Eugene T. O'Neill for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, on the ground that the question as to the nature of the indisposition suffered by the insured in 1937 was one of fact for the jury. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.