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ROSENBERG v. EQUITABLE LIFE

79 N.Y.2d 663 (1992)

Sylvia Rosenberg, Individually and as Administratrix of The Estate of Sidney Rosenberg, Deceased, Respondent, v. Equitable Life Assurance Society of the United States, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Margretta J. Bowen and Norman L. Tolle for appellant.

Henry Grubel and Susan R. Nudelman for respondent.

Brian J. Shoot and Gary S. Ehrlich for The New York State Trial Lawyers' Association, amicus curiae.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

Plaintiff is the widow of Sidney Rosenberg and the administratrix of his estate. She seeks damages from defendant for her husband's wrongful death from cardiac failure resulting, as the jury found, from a stress electrocardiogram administered during a physical examination ordered by defendant as a precondition to his obtaining life insurance. The examination...

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