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McKinney v. Prudential Insurance Co. of America

252 A.D. 768 Court N.Y. App. Div. Decision date 1937-10-18 English

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p. 768
Helen McKinney, Individually and as Administratrix, etc., of John McKinney, Deceased, Appellant, v. The Prudential Insurance Company of America and John Hancock Mutual Life Insurance Company, Respondents.

Order denying plaintiff’s motion for an order vacating dismissal of the complaint and the judgment entered thereon and restoring the action to the trial calendar, affirmed, with ten dollars costs and disbursements. In our opinion, after examination of the records of the testimony adduced upon the two former trials, plaintiff is without a meritorious cause of action. The medical testimony as to the cause of death is pure conjecture and discloses an admission that a condition of arteriosclerosis contributed thereto. Hagarty, Carswell, Davis, Adel and Taylor, JJ., concur.