CHERKES v. POSTAL LIFE INS. CO.


285 A.D. 514 (1955)

Anita Cherkes, an Infant, by Frances Cherkes, Her Guardian ad Litem, et al., Respondents, v. Postal Life Insurance Company, Appellant

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

March 22, 1955.


Attorney(s) appearing for the Case

Orrin G. Judd of counsel (William F. McNulty and James F. Cahill with him on the brief; Judd & Gurfein, attorneys), for appellant.

Leonard M. Mandel of counsel (Elliott B. Paley with him on the brief; Nemeroff, Jelline, Danzig & Paley, attorneys), for respondents.

COHN, CALLAHAN, BREITEL and BASTOW, JJ., concur.


PECK, P. J.

Plaintiff has recovered judgment, entered upon a verdict, on a policy of life insurance issued by defendant. The defense to the action was an assertion of material misrepresentations made by the insured in his application for the policy.

In answer to the questions "When and by whom have you had a periodic or health examination?" and "Name all symptoms, diseases or disorders for which you have...

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