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Barenblatt v. Massachusetts Accident Co.

Supreme Court, Appellate Term, First Department
Apr 8, 1935
155 Misc. 594 (N.Y. App. Term 1935)

Opinion

April 8, 1935.

Appeal from the Municipal Court of New York, Borough of Manhattan, Tenth District.

William A. Hyman, for the appellant.

I.S. Fleischman, for the respondent.


The misrepresentation by an applicant for health and accident insurance as to the receipt by him of prior disability benefits is material as a matter of law. Since there is no issue raised as to the falsity of such representation, the defendant insurance company is entitled to summary judgment in an action for disability payments.

Order reversed, with ten dollars costs, and motion for summary judgment dismissing the complaint on the merits granted.

All concur; present, LYDON, FRANKENTHALER and SHIENTAG, JJ.


Summaries of

Barenblatt v. Massachusetts Accident Co.

Supreme Court, Appellate Term, First Department
Apr 8, 1935
155 Misc. 594 (N.Y. App. Term 1935)
Case details for

Barenblatt v. Massachusetts Accident Co.

Case Details

Full title:MISCHA BARENBLATT, Respondent, v. MASSACHUSETTS ACCIDENT COMPANY, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 8, 1935

Citations

155 Misc. 594 (N.Y. App. Term 1935)
280 N.Y.S. 414

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