Mears v. Metropolitan Life Ins. Co.

Full title: PEARL MEARS, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 19, 1943

181 Misc. 8 (N.Y. App. Term 1943)

46 N.Y.S.2d 591

Opinion

November 19, 1943.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CURTIN, J.

Rowland H. Long for appellant.

Benjamin A. Chorosh for respondent.

MEMORANDUM

Per Curiam.

The application was never approved by the defendant as specifically required by the receipt and such requirement was not waived by defendant. There was, accordingly, no liability on the part of the defendant.

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

SCHMUCK, McLAUGHLIN and HECHT, JJ., concur.