KAGAN v. UNITED STATES LIFE INS. CO.


21 A.D.2d 846 (1964)

Louis M. Kagan, Respondent, v. United States Life Insurance Company, Appellant

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

June 11, 1964


Judgment awarding summary judgment unanimously reversed, without costs of this appeal to either party and motion denied, without costs; order of October 29, 1963, modified to provide that the denial of defendant's motion for a physical examination is without prejudice to reapply for an examination.

Memorandum:

Summary judgment should not have been granted to plaintiff. An issue of fact was presented as to the onset of the sickness, including the question of...

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