ARCESE v. EQUITABLE LIFE ASSUR. SOC.


32 Misc.2d 410 (1961)

Amelia Arcese, Plaintiff, v. Equitable Life Assurance Society of the United States, Defendant.

Supreme Court, Trial Term, Queens County.

November 20, 1961


Attorney(s) appearing for the Case

Wood, Marshall & Williams (Joseph S. Williams, Jr., of counsel), for plaintiff. Eugene T. O'Neill for defendant.


WILLIAM B. GROAT, J.

This is an action brought by the beneficiary of an insurance policy issued by the defendant on the life of her deceased husband on July 18, 1957, to recover the face amount of said policy. The insured died of coronary sclerosis on January 6, 1958, within the contestability period. (Insurance Law, § 155, subd. 1, par. [b].)

The defenses asserted are (1) that the application for said policy contained material misrepresentations...

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