Appellate Division of the Supreme Court of New York, 1940

Equitable Life Assurance Society of United States v. Milman

Equitable Life Assurance Society of United States v. Milman
Appellate Division of the Supreme Court of New York · Decided May 17, 1940
259 A.D. 869; 20 N.Y.S.2d 658; 1940 N.Y. App. Div. LEXIS 7041
Equitable Life Assurance Society of United States v. Milman

Opinion of the Court

Judgment unanimously modified by requiring that as a condition of the rescission of the three [four] policies affected thereby the plaintiff repay to the defendant the unearned interest payments which have been applied by the plaintiff to the reduction of loans against those policies, and as so modified affirmed, with costs to the respondent. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

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