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UNION MUT. LIFE INS. CO. v. KEVIE

26 Misc.2d 716 (1960)

Union Mutual Life Insurance Company, Plaintiff, v. Louis R. Kevie, Defendant.

Supreme Court, Special Term, New York County.

November 2, 1960

Attorney(s) appearing for the Case

Tanner, Friend, Kinnan & Post (David R. Crow of counsel), for plaintiff. Geist, Netter & Marks (Morris A. Marks, George E. Netter and Milton Waxenfeld of counsel), for defendant.

OWEN McGIVERN, J.

The noncancelable accident and disability policy was issued August 16, 1957 and effective on that day. Defendant sustained a heart attack on August 16, 1959. The first action taken to cancel or to contest the policy occurred on the day of service of the summons on November 11, 1959. This action was brought for cancellation of the policy and defendant moves for summary judgment.

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