Appellate Division of the Supreme Court of New York, 1950

Cobb v. Mutual Life Insurance

Cobb v. Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided July 13, 1950
277 A.D.2d 942
Cobb v. Mutual Life Insurance

Opinion of the Court

Judgments reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that upon all the evidence the plaintiff has failed to establish any impairment of mind or body which continuously renders it impossible for him to follow a gainful occupation. All concur, except Love and Piper, JJ., who dissent and vote for affirmance. (The judgment appealed from is for plaintiff in an action under disability riders on two insurance policies; also appeal from judgment for plaintiff for costs and disbursements.) Present — Taylor, P. J., McCurn, Love, Vaughan and Piper, JJ.

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