Topper v. Mutual Life Insurance Company of New York

Full title: CLAIRE TOPPER, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK…

Court: Court of Appeals of the State of New York

Date published: Mar 22, 1979

389 N.E.2d 142 (N.Y. 1979)

389 N.E.2d 142

415 N.Y.S.2d 829

Opinion

Argued February 13, 1979

Decided March 22, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.

Bradley B. Davis for appellant.

Michael L.B. Kaplan, Samuel C. Cantor, David G. O'Brien and Patrick W. Guy for respondent.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 62 A.D.2d 932). In addition, the record does not support the contention that respondent made misleading representations to appellant regarding her entitlement to receive benefits under the salary continuation plan.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.