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Schwartz v. Commercial Travelers Mutual Accident Ass'n of America

261 A.D. 842 Court N.Y. App. Div. Decision date 1941-01-27 English

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p. 842
Morris Schwartz, Respondent, v. The Commercial Travelers Mutual Accident Association of America, Appellant.

Appeal by the defendant from a judgment entered upon the verdict of a jury in an action upon a policy of accident insurance. Judgment in favor of the plaintiff and against the defendant reversed on the facts and a new trial granted, with costs to appellant to abide the event. We are of opinion that the verdict is contrary to the weight of the credible evidence. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.