MATZA v. EMPIRE STATE MUT. LIFE INS. CO.


50 A.D.2d 554 (1975)

Milton Matza, Respondent, v. Empire State Mutual Life Insurance Company, Appellant

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

November 25, 1975


Respondent shall recover of appellant $60 costs and disbursements of this appeal. In 1968, defendant issued to plaintiff a policy of disability insurance. Approximately three years later plaintiff developed cancer of the larynx and had to undergo a total laryngectomy (removal of the larynx), resulting in the loss of normal speech. Three payments were made pursuant to the terms of the policy for total disability. Such checks were received and deposited by plaintiff. A fourth...

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