GREEN v. WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK

1932, 600420/03.

74 A.D.3d 570 (2010)

902 N.Y.S.2d 542

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

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

Decided June 17, 2010.


Saxe and Acosta, JJ., concur in a separate memorandum by Saxe, J., as follows:

On this appeal we are required to consider the evidence in a case where a man died under circumstances that led the trial court to rule that he committed suicide. On our first review of that determination, we held, by a vote of 3-2, that as a matter of law, the common-law presumption against suicide had not been sufficiently rebutted (48 A.D.3d 37 [2007...

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