Landau v. Equitable Life Assurance Society of United States ( 1938 )

Per Curiam.

The clause in the policy exempting disability benefits from incontestability is not ambiguous and was regarded as sufficient in (Apter v. Equitable Life Assur. Soc., 271 N. Y. 653; Kushman v. Equitable Life Assur. Soc., 253 App. Div. 921; Equitable Life Assur. Soc. v. Deem, 91 Fed. [2d] 569).

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

All concur. Present — Hammer, Shientag and Noonan, JJ.