Sachs v. Commercial Travelers Mutual Accident Ass'n of America ( 1938 )

Action to recover death benefit under an accident insurance policy. Order denying plaintiff’s motion for summary judgment and granting defendant’s motion for summary judgment dismissing the complaint, and the judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Plaintiff’s motion for leave to appeal to the Court of Appeals in the event of there being an affirmance denied. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.