Appellate Division of the Supreme Court of New York, 1952

Cantor v. Mutual Life Insurance

Cantor v. Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided October 21, 1952
280 A.D. 924; 116 N.Y.S.2d 129; 1952 N.Y. App. Div. LEXIS 4231
Cantor v. Mutual Life Insurance

Opinion of the Court

Order affirmed, with $20 costs and disbursements to respondent. No opinion. Present — - Dore, J. P., Cohn, Callahan and Breitel, JJ.; Cohn, J., dissents and votes to reverse and reinstate the verdict upon the ground that the question whether insured met death accidentally within the meaning of the policy and whether plaintiff was entitled to recover double indemnity was solely a question of fact for the jury, and that there was no reasonable basis for setting aside its verdict in plaintiff’s favor.

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