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CHICKERING v. COLONIAL LIFE INS. CO. OF AM.

51 A.D.2d 566 (1976)

Ethel T. Chickering, Respondent, v. Colonial Life Insurance Company of America, Appellant

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

January 26, 1976

Order reversed, on the law, without costs, and motion granted.

Defendant's moving affidavits reveal that, at the time of the insured's death, the policy in question had lapsed due to a default in payment of a specific premium. The only affidavit submitted in opposition was that of plaintiff's attorney. An opposing affidavit by an attorney without personal knowledge of the facts, however, has no probative value and should...

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