Landau v. Equitable Life Assu. Socy. of U.S.

Full title: EMANUEL LANDAU, Respondent, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE…

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 9, 1938

168 Misc. 327 (N.Y. App. Term 1938)

6 N.Y.S.2d 112

Opinion

June 9, 1938.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.

Alexander Green [ James D. Ewing and Samuel M. Lane of counsel], for the appellant.

Murray B. Kestin [ Adam Frank of counsel], for the respondent.

PER CURIAM.

The clause in the policy exempting disability benefits from incontestability is not ambiguous and was regarded as sufficient in ( Apter v. Equitable Life Assur. Soc., 271 N.Y. 653; Kushman v. Equitable Life Assur. Soc., 253 A.D. 921; Equitable Life Assur. Soc. v. Deem, 91 Fed. [2d] 569).

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.