GREEN v. WILLIAM PENN LIFE


48 A.D.3d 37 (2007)

848 N.Y.S.2d 109

LISA C. GREEN, Appellant, v. WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

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

December 20, 2007.


Attorney(s) appearing for the Case

Thomas Torto, New York City, and S. Edmund Resciniti, Roslyn Heights, for appellant.

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

McGUIRE and MALONE, JJ., concur with SAXE, J.; ANDRIAS, J.P., and NARDELLI, J., dissent in a separate opinion by ANDRIAS, J.P.


OPINION OF THE COURT

SAXE, J.

On this appeal, we are provided the opportunity to revisit the ancient common-law evidentiary presumption against death by suicide, as it is applied in New York, particularly as it relates to appellate review of a trial court's finding of suicide.

The facts are as follows. On February 20, 2002, at approximately 6:30 P.M., plaintiff Lisa Green found her husband, Alan Green, who was then 54 years old, lying in their bed...

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