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TOBER v. SCHENECTADY SAV. BANK

54 A.D.2d 1049 (1976)

Joan S. Tober, Appellant, v. Schenectady Savings Bank, Respondent

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

November 24, 1976

Plaintiff commenced an action to recover the proceeds due on a group mortgage life insurance policy. Defendant made a motion for summary judgment alleging the defense of material misrepresentation as a matter of law. Summary judgment was denied, the court issuing a decision stating that there were issues of fact for the jury to determine. On October 23, 1974 plaintiff filed a note of issue with a due demand for a jury trial. On...

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