TALEVI v. METRO. LIFE INS. CO.


10 A.D.2d 839 (1960)

Peter Talevi, an Infant, by Lena Talevi, His Guardian ad Litem, et al., Appellants, v. Metropolitan Life Insurance Company, Respondent

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

April 26, 1960


Judgment unanimously reversed on the law and a new trial ordered, with costs to appellants to abide the event.

Implicit in our remand for a new trial on the prior appeal was a holding that the plaintiffs had made out a prima facie case. On this second trial no less was proven than at the first and thus the dismissal of the complaint at the end of the plaintiffs' case was unwarranted. It also appears to be error to have excluded the reports received by the defendant...

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