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SCHOZER v. WM. PENN LIFE INS.

84 N.Y.2d 639 (1994)

644 N.E.2d 1353

620 N.Y.S.2d 797

Jacqueline Schozer, Respondent, v. William Penn Life Insurance Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, White Plains (Robert D. Meade of counsel), for appellant.

Kane Kessler, P. C., New York City (S. Reid Kahn and Lauren Topelsohn of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE and CIPARICK concur with Judge TITONE; Judges SIMONS and SMITH dissent and vote to affirm in separate opinions.

TITONE, J.

In this action to recover life insurance proceeds, we are called upon to determine whether the trial court properly barred the admission of an X-ray report, recorded by a physician as part of the underwriting process, and expert medical testimony concerning the physician's impression of the X ray, where the underlying X-ray film was unavailable at trial. Because the courts below improperly concluded...

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