ROBINS v. HANCOCK MUT. LIFE


49 Misc.2d 731 (1966)

Nancy M. Robins, an Infant, by her Guardian ad Litem, Gertrude Robins, Plaintiff, v. John Hancock Mutual Life Insurance Company et al., Defendants.

Supreme Court, Special Term, New York County.

February 21, 1966


Attorney(s) appearing for the Case

Morris Aarons and Richard A. Flink for plaintiff. Townley, Updike, Carter & Rodgers (William P. Hindman, Jr. and Richard R. Lutz of counsel), for John Hancock Mutual Life Insurance Company and another, defendants. Hershcopf & Graham for Crosby Plans Corporation. John B. Wynne for Chemical Bank New York Trust Company, defendant.


HARRY B. FRANK, J.

Defendants, insurance companies, move for an order permitting the taking of a deposition of the wife of the deceased as a witness. Plaintiff cross-moves for summary judgment.

Apart from the question whether deceased's wife may be examined as a witness, determination of both motions rests on the question whether a defense of material misrepresentation in the application and medical...

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