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Balint v. Sovereign Camp of Woodmen of the World

255 A.D. 705 Court N.Y. App. Div. Decision date 1938-07-01 English

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p. 705
Anna Balint (Formerly Known as Anna Neff), Appellant, v. The Sovereign Camp of the Woodmen of the World, Respondent.

Order granting motion for a new trial on the ground of newly-discovered evidence unanimously affirmed, with costs. The affidavits contain proof which tends to show that plaintiff knew that decedent had a wife living at the time that she was living with the decedent. If that be proved upon the trial, plaintiff may not recover under the beneficiary certificate as a dependent. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.