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BARSKY v. METRO. LIFE INS. CO.

23 Misc.2d 921 (1960)

Ida Barsky, Respondent, v. Metropolitan Life Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

February 4, 1960.

Attorney(s) appearing for the Case

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

HECHT, J. P., and AURELIO, J., concur; TILZER, J., dissents in memorandum.

Per Curiam.

The physical facts as revealed by the record are inconsistent with a claim of accident, nor is there any evidence of an accident or a basis upon which an inference of accident may be predicated. There is no support for the possibility of deceased having been attacked and thrown to his death.

There is evidence of heart symptoms and depression and sufficient facts to overcome the presumption against suicide.

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