Schneiderman v. Mutual Life Ins. Co. of N.Y

Full title: CHAJA SCHNEIDERMAN, Respondent, v. MUTUAL LIFE INSURANCE COMPANY OF NEW…

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 4, 1937

166 Misc. 735 (N.Y. App. Term 1937)

3 N.Y.S.2d 35

Opinion

March 4, 1937.

Appeal from the City Court of the City of New York, County of Bronx.

Frederick K. Allen [ Louis W. Dawson of counsel], for the appellant.

Lew Feldherr, for the respondent.

PER CURIAM.

As no sufficient evidence was offered by plaintiff to establish the fact that the insured died prior to March 1, 1926, the date the policy lapsed, the defendant's motion to dismiss the complaint should have been granted.

Judgment reversed, with costs, and complaint dismissed, with costs.

All concur. Present — LYDON, HAMMER and FRANKENTHALER, JJ.