Lynch v. Mutual Life Insurance

174 A.D. 932 Court N.Y. App. Div. English

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p. 932

Sara Lynch, Respondent, v. The Mutual Life Insurance Company of New York, Appellant.

Judgment and order reversed, with costs, and complaint dismissed, with costs, upon the ground that the evidence failed to establish either any contract by defendant other than the written contract in evidence, or any breach by defendant of the contract alleged in the complaint. Stapleton, Mills, Rich and Putnam, JJ., concurred.