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Steingart v. Metropolitan Life Insurance

249 A.D. 114 Court First Department, Decision date 1936-11-27 English

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p. 114
Nathan Steingart, Respondent, v. Metropolitan Life Insurance Company, Appellant.
First Department,
November 27, 1936.
Frederick C. Tanner of counsel [Leonard M. Gardner with him on the brief; Tanner, Sillcocks & Friend, attorneys], for the appellant.
Benjamin F. Spellman of counsel [Howard Hilton Spellman and Sidney M. Goetz with him on the brief; Nathan Frank, attorney], for the respondent.

The evidence fully justified a finding that the injury sustained by the insured to his right hand was not of such a character as to prevent him “ from engaging in any business or occupation and performing any work for compensation or profit ” (italics ours), as provided in the policy sued upon. .

Under the rule recently enunciated in this department in Garms v. Travelers Insurance Co. ( 242 App. Div. 230 ; affd., 266 N. Y. 446 ), decided prior to the trial herein, and in Finkelstein v. John Hancock Mutual Life Insurance Co. ( 247 App. Div. 74 ), decided after the determination of the Appellate Term, the complaint was properly dismissed. ■

The determination of the Appellate Term should, therefore, be reversed, with costs in this court and in the Appellate Term,

p. 115
and the judgment of the Municipal Court in favor of the defendant dismissing the complaint on the merits affirmed.

Present—■ Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

Determination of the Appellate Term unanimously reversed, with costs in this court and in the Appellate Term, and the judgment of the Municipal Court in favor of the defendant dismissing the complaint on the merits affirmed.

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