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BARRETT v. STATE MUT. LIFE ASSURANCE CO.

44 N.Y.2d 872 (1978)

Barbara Barrett, Appellant, v. State Mutual Life Assurance Company, Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Samuel Sherman and Leon Wasserman for appellant.

William E. Kelly and C. Robert Prianti for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. We agree that the Appellate Division was not bound by its earlier determination, as the law of the case, because of the additional and persuasive evidence on the second trial. On the merits we find that the defendant was entitled to a directed verdict for the reasons stated in the Per Curiam opinion...

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