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HALPER v. ÆTNA LIFE INS. CO.

44 Misc.2d 437 (1964)

Burton H. Halper, Appellant, v. Ætna Life Insurance Company of Hartford, Connecticut, Respondent.

Supreme Court, Appellate Term, First Department.

July 30, 1964

Attorney(s) appearing for the Case

Leon Wasserman for appellant. Allen M. Taylor and John M. Percy for respondent.

HECHT and TILZER, JJ., concur in decision; HOFSTADTER, J., dissents in opinion.

Judgment affirmed, with $25 costs. No opinion.

HOFSTADTER, J. (dissenting).

I dissent and vote to reverse the judgment and grant judgment in favor of plaintiff. Such meaning must be given to the terms used in a policy of insurance as would be ascribed to them "by the average man" (McGrail v. Equitable Life Assur. Soc., 292 N.Y. 419, 424). In my opinion an average man would consider Ferncliff Manor, here involved

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