Summary
In Wolfson v. Metropolitan Life Insurance Co. (289 N.Y. 70) the plaintiff testified to good health and defendant to a heart condition.
Summary of this case from Ursaner v. Metropolitan Life Ins. Co.Opinion
Argued June 18, 1942
Decided July 29, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, BRENNAN, J.
Harris Jay Griston and Alexander Schwartz for appellant.
William B. Moore for respondent.
The evidence presented an issue of fact as to whether or not the insured died as the result of a pre-existing heart condition.
The judgments should be reversed and a new trial granted with costs to appellant to abide the event.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Judgments reversed, etc.