The court should not have excluded the physician's testimony unless objected to by one of the parties (Roth v. Equitable Life Assur. Soc., 186 Misc. 403, affd. 270 App. Div. 923). In the interests of justice a new trial should be had.
If objection to the medical testimony is raised by the plaintiff, then the presumption that the ailment was material should be applied (Insurance Law, §...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
