GULKIS v. NEW YORK INS. CO.


4 A.D.2d 463 (1957)

Jennie Gulkis, Appellant, v. New York Life Insurance Company, Respondent

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

October 22, 1957.


Attorney(s) appearing for the Case

Joseph Tiefenbrun of counsel (Max M. Bernstein with him on the brief; Joseph Tiefenbrun, attorney), for appellant.

Harry F. X. Hammer of counsel (Lee M. Gammill, attorney), for respondent.

BOTEIN, J. P., RABIN, FRANK, VALENTE and McNALLY, JJ., concur.


Per Curiam.

In this action brought to recover under the double indemnity benefit provisions of four policies of life insurance, Special Term granted defendant's motion for summary judgment dismissing the complaint. The court below found, as a matter of law, that the death of the insured was due to the "taking of poison", and, hence, recovery was barred under the provisions of the insurance policies which excluded death...

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