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ROSENTHAL v. MUT. LIFE INS. CO.

7 A.D.2d 182 (1959)

Anna B. Rosenthal, Appellant, v. Mutual Life Insurance Company of New York, Respondent

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

January 20, 1959.

Attorney(s) appearing for the Case

Leon Wasserman of counsel (Norman Meltzer with him on the brief), for appellant.

Edward A. Voegeli of counsel (Haughton Bell, attorney), for respondent.

VALENTE, J., concurs with STEVENS, J.; BOTEIN, P. J., concurs in concurring opinion, in which VALENTE, J., concurs; BASTOW, J., dissents in a dissenting opinion in which BREITEL, J., concurs.

STEVENS, J.

Plaintiff appeals from a judgment entered on a directed verdict after dismissal of the complaint on motion of the defendant.

This was an action to recover double indemnity benefits under two policies of life insurance issued to the deceased husband of the plaintiff beneficiary.

The defendant rested at the conclusion of the plaintiff's case without offering any proof. The medical testimony...

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