Opinion
April 1, 1938.
Appeal from Supreme Court of New York County.
Harris Jay Griston, for the appellant.
Charles J. Nehrbas of counsel [ Henry C. Moses with him on the brief; Moses, Nehrbas Tyler, attorneys], for the respondent.
Present — MARTIN, P.J., O'MALLEY, TOWNLEY, GLENNON and UNTERMYER, JJ.
The evidence presented an issue of fact as to whether the insured died as the result of an infection following the extraction of teeth, which the jury could have found were not previously infected, or whether he died as the result of the heart disease from which he suffered.
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.