ORENSTEIN v. METRO. LIFE INS. CO.


18 A.D.2d 1016 (1963)

Vivian J. Orenstein, Respondent, v. Metropolitan Life Insurance Company, Appellant

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

March 18, 1963


Judgment reversed on the law and a new trial granted, with costs to defendant to abide the event.

We believe it was error to have directed a verdict for the plaintiff. In our opinion, the proof adduced presented issues of fact for the jury to determine. Whether the decedent's answers to questions 2(a), 3(a) and 5(f) in Part B of his application for the policy were truthful or untruthful in the light of the testimony given at the trial by the two physicians who had...

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