Opinion
June 21, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
Fred Rosen [ Donald C. Leo of counsel], for the appellant.
Alexander Green [ James D. Ewing of counsel], for the respondent.
Having paid disability benefits to the plaintiff over a period of six years, with full knowledge of the plaintiff's physical condition and the false representations alleged to have been made in the application, the defendant is now estopped from rescinding the contract of insurance.
Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff in the sum of sixty dollars, together with interest and costs.
All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.