NEW YORK LIFE INS. CO. v. MILLER


17 Misc.2d 532 (1944)

New York Life Insurance Co., Plaintiff, v. Mollie Miller et al., Defendants.

Supreme Court, Special Term, New York County.

March 30, 1944.


Attorney(s) appearing for the Case

F. H. Pease and Kenneth de F. Carpenter for plaintiff.

Goldstein & Jacobs for Mollie Miller, defendant.

Milton H. Mandel for other defendants.


DAVID W. PECK, J.

In this action, the plaintiff insurance company seeks a cancellation of a policy on the life of the defendant Mollie Miller, on the ground that the policy was obtained by a false representation. The alleged misrepresentation was a negative answer to the question in the application of whether the defendant had been examined or treated by a physician within five years previous to the application...

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