Appellate Division of the Supreme Court of New York, 1938

Loewenthal v. Commercial Travelers Mutual Accident Ass'n

Appellate Division of the Supreme Court of New York · Decided April 1, 1938

253 A.D. 583; 3 N.Y.S.2d 473; 1938 N.Y. App. Div. LEXIS 8501

Counsel

Harris Jay Griston, for the appellant., Charles J. Nehrbas of counsel [Henry C. Moses with him on the brief; Moses, Nehrbas & Tyler, attorneys], for the respondent.

Opinion of the Court

Per Curiam.

The evidence presented an issue of fact as to whether the insured died as the result of an infection following the extraction of teeth, which the jury could have found were not previously infected, or whether he died as the result of the heart disease from which he suffered.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. ’

Present ■— Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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