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Judgment and order reversed on the facts and new trial granted, with costs to appellant to abide the event, on ground that the finding that plaintiff’s birthday was August 15, 1881, was against the weight of the evidence. All concur. (The judgment is for plaintiff in an action to recover disability benefits alleged to be due under disability riders on three life insurance policies.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.
Document Info
Citation Numbers: 262 A.D. 815, 28 N.Y.S.2d 759, 1941 N.Y. App. Div. LEXIS 5980
Filed Date: 5/27/1941
Precedential Status: Precedential
Modified Date: 10/28/2024