Appellate Division of the Supreme Court of New York, 1937

Danker v. Prudential Insurance Co. of America

Danker v. Prudential Insurance Co. of America
Appellate Division of the Supreme Court of New York · Decided October 18, 1937
252 A.D. 763; 299 N.Y.S. 756; 1937 N.Y. App. Div. LEXIS 6205
Danker v. Prudential Insurance Co. of America

Opinion of the Court

*764Action upon an industrial insurance policy, payment of which was resisted on the ground that decedent had violated the preliminary provision which provided that the policy should not take effect if on the date of its issuance the insured be not in sound health. Judgment of the City Court of Yonkers in favor of the plaintiff and order denying motion for a new trial unanimously affirmed, with costs. No opinion. Present —• Hagarty, Carswell, Johnston, Adel and Close, JJ.

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