METRO. LIFE INS. CO. v. BLUM


7 A.D.2d 488 (1959)

Metropolitan Life Insurance Company, Appellant, v. Adolf O. Blum et al., Respondents

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

April 14, 1959.


Attorney(s) appearing for the Case

David R. Crow of counsel (Tanner, Friend, Kinnan & Post, attorneys), for appellant.

Philip Weiss for Adolf O. Blum, respondent.

Stanley F. Clark for Charlotte H. Blum, respondent.

BREITEL, J. P., RABIN, M. M. FRANK and VALENTE, JJ., concur.


McNALLY, J.

In this action for rescission, plaintiff appeals from a judgment entered against it in favor of defendants dismissing the complaint after a nonjury trial.

Prior to March, 1955 defendant Adolf O. Blum was the named insured in respect of a term insurance policy issued by the plaintiff. On March 14, 1955 this term policy was converted to a $10,000 whole life policy with a total permanent disability...

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