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DELLA-POSTA v. NEW YORK CAS. CO.

276 A.D. 770 (1949)

Orazio Della-Posta, as Administrator of The Estate of Vito Della-Posta, Deceased, et al., Appellants, v. New York Casualty Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1949.

Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event.

In our opinion the finding of lack of co-operation, implicit in the jury's verdict, is against the weight of the evidence. Furthermore, plaintiffs were entitled to have the jury charged as requested, as to the burden of proof with respect to the truthfulness of the statement of March 18, 1946. By its letter of March...

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