GOLDBARD v. EMPIRE STATE INS. CO.


5 A.D.2d 230 (1958)

Solomon Goldbard, Appellant, v. Empire State Mutual Life Insurance Co., Respondent

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

March 4, 1958.


Attorney(s) appearing for the Case

Joseph B. Koppelman for appellant.

Vincent N. Donatone for respondent.

BOTEIN, P. J., VALENTE, McNALLY and STEVENS, JJ., concur.


BREITEL, J.

Plaintiff appeals from a determination of the Appellate Term modifying a judgment rendered in his favor against defendant after trial without a jury in the Municipal Court. The Appellate Term modification, one Justice dissenting, reduced plaintiff's recovery from $2,800 to $800. That court granted leave for plaintiff to appeal to this court.

Plaintiff is the insured under an accident and health...

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