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Mecca v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jul 2, 1943
266 App. Div. 910 (N.Y. App. Div. 1943)

Opinion

July 2, 1943.

Appeal from Supreme Court, Bronx County.

Present — Martin, P.J., Townley, Untermyer, Cohn and Callahan, JJ.


Defendant's affidavit showed that on the date of the insured's death the policy sued upon had lapsed for nonpayment of premiums. Affidavits submitted by plaintiff in opposition to defendant's motion for summary judgment failed to set forth any facts controverting this claim of defendant. Under the circumstances defendant's motion for summary judgment should have been granted.

The order should be reversed, with twenty dollars costs and disbursements, and the motion for summary judgment dismissing the complaint granted.


Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted.


Summaries of

Mecca v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jul 2, 1943
266 App. Div. 910 (N.Y. App. Div. 1943)
Case details for

Mecca v. Metropolitan Life Insurance Company

Case Details

Full title:DOMINICK J. MECCA, JR., an Infant, by MARGUERITE P. MECCA, His Guardian ad…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 2, 1943

Citations

266 App. Div. 910 (N.Y. App. Div. 1943)

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