Shubar v. Metropolitan Life Insurance

228 A.D. 660 Court N.Y. App. Div. English

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Majority

p. 660

Mary Shubar, Respondent, v. Metropolitan Life Insurance Company, Appellant.

— ■ Judgment unanimously affirmed, with costs. On the facts presented, the jury were warranted in finding that there was a defect in the processes of the defendant with reference to the mailing and that there was no proof of

p. 661

actual delivery to the postal authorities. Present — Lazansky, P. J., Young, Kapper, Hagarty and Carswell, J.J.