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LAU v. GUARDIAN INS. CO. OF AMER.

76 Misc.2d 451 (1973)

Anna Lau, Appellant, v. Guardian Life Insurance Company of America, Respondent.

Supreme Court, Appellate Term, First Department.

December 12, 1973

Attorney(s) appearing for the Case

Gordon & Tropp (Harvey Tropp and Joel R. Schweidel of counsel), for appellant. Bleakley, Platt, Schmidt & Fritz (Maurice F. Curran and Robert D. Meade of counsel), for respondent.

Concur — MARKOWITZ, P. J., QUINN and LUPIANO, JJ.

Per Curiam.

In an action to recover the proceeds of a life policy, on the basis of the evidence it was reversible error to instruct the jury to return a verdict for the defendant. The alleged misrepresentation and the materiality thereof was a question of fact solely within the province of the jury (Bouzide v. Citadel Life Ins. Co., N. Y. L. J., Jan. 16, 1970, p. 15, col. 7, affd. on opn. below

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