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Fanelli v. Prudential Life Insurance

249 A.D. 925 Court N.Y. App. Div. Decision date 1937-01-15 English

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p. 925
Salvatore Fanelli, Respondent, v. The Prudential Life Insurance Company, Appellant.

Order affirmed, with costs, upon the last ground mentioned in the order appealed from, namely, that the jurors were permitted to consider matters not within the scope of the pleadings and proof. All concur. (The order grants motion to set aside the verdict and for a new trial in an action to recover amount of premium paid on two life insurance policies.) Present —• Sears, P. J., Thompson, Crosby, Lewis and Cunningham, JJ.