FOULIS v. COMMERCIAL TRAVELERS ASSN.


37 Misc.2d 743 (1962)

Alice O. Foulis, Plaintiff, v. Commercial Travelers Mutual Accident Association, Defendant.

Supreme Court, Special Term, New York County.

November 30, 1962


Attorney(s) appearing for the Case

Nevius, Jarvis & Pilz (Charles B. Molineaux, Jr., of counsel), for plaintiff. Bleakley, Platt, Schmidt, Hart & Fritz (Dennis P. Donovan, Thomas C. Platt, Jr., and Lee Sylvester of counsel), for defendant.


JOHN L. FLYNN, J.

Defendant moves for summary judgment dismissing the complaint. Plaintiff seeks by this action to recover the benefit payable under a policy for accidental death. The insured died on August 30, 1958, a few days after surgical operation. For some time thereafter it is alleged that plaintiff was informed that her husband had died of a heart attack. After some investigation, plaintiff informed...

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