ROSENTHAL v. MUT. LIFE INS. CO.


3 Misc.2d 181 (1956)

Anna B. Rosenthal, Plaintiff, v. Mutual Life Insurance Company of New York, Defendant.

Supreme Court, Trial Term, New York County.

June 7, 1956.


Attorney(s) appearing for the Case

Haughton Bell, Edward A. Voegeli and Willard G. Eldred for defendant.

Leon Wasserman for plaintiff.


FELIX C. BENVENGA, J.

In this action to recover double indemnity benefits under two policies of life insurance, defendant moved to dismiss the complaint and for a directed verdict. No proof was offered by defendant. The testimony of the medical witnesses called by plaintiff stands uncontradicted. A question of law is involved.

In June, 1955 the insured underwent an operation for an inflamed condition of the gall bladder, resulting in the removal...

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