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PEARLSTEIN v. NEW YORK LIFE INS. CO.

276 A.D. 728 (1950)

Sophie Pearlstein, Respondent, v. New York Life Insurance Company, Appellant

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

May 9, 1950.

Attorney(s) appearing for the Case

Harry J. McCallion of counsel (Robert J. Fitzwilliam with him on the brief; Ferdinand H. Pease, attorney), for appellant.

David Goldstein of counsel (Lawrence Kovalsky with him on the brief; Goldstein & Goldstein, attorneys), for respondent.

DORE, J. P., VAN VOORHIS and SHIENTAG, JJ., concur; CALLAHAN, J., dissents and votes to affirm.

COHN, J.

In February, 1924, defendant issued to plaintiff's husband its policy of life insurance. The policy contained the following disability benefit provisions:

"New York Life Insurance Company Agrees to Pay to the Insured "A monthly Income of Twenty-Five Dollars, and to waive payment of premiums under the said policy, as hereinafter provided, upon receipt of due proof that the Insured ...

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