Appellate Terms of the Supreme Court of New York, 1934

Finkelstein v. Metropolitan Life Insurance

Appellate Terms of the Supreme Court of New York · Decided July 25, 1934

152 Misc. 439; 273 N.Y.S. 629; 1934 N.Y. Misc. LEXIS 1520

Counsel

Tanner, Sillcocks & Friend [Frederick C. Tanner and Leonard M. Gardner of counsel], for the appellant., Wikler, Gottlieb & Wikler [Harry A. Gottlieb of counsel], for the respondent.

Opinion of the Court

Per Curiam.

Inasmuch as the insured’s doctor advised him to submit to an operation for hernia, and testified that in his opinion a prudent man would have followed that advice, it cannot be held *440that the condition from which the insured was suffering constituted a total and permanent disability within the meaning of the policy. (See Palloni v. Brooklyn-Manhattan Transit ,Corp., 215 App. Div. 634.)

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.