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BROWN v. METRO. LIFE INS. CO.

41 A.D.2d 930 (1973)

Margaret Brown, Respondent, v. Metropolitan Life Insurance Company, Appellant

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

May 7, 1973

Judgment reversed, on the law and in the exercise of discretion, and new trial granted in the interest of justice, with costs to abide the event.

Plaintiff's deceased husband died of coronary heart disease on March 18, 1968. At the trial plaintiff introduced the three life insurance policies and rested on her prima facie case. Annexed to each policy was the insured's application. The first application, dated August 4, 1966...

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