Topper v. Mutual Life Insurance — 46 N.Y.2d 974

Majority

p. 974

Claire Topper, Appellant, v Mutual Life Insurance Company of New York, Respondent.

Argued February 13, 1979;

decided March 22, 1979

p. 975

APPEARANCES OF COUNSEL

jBradley B. Davis for appellant.

Michael L. B. Kaplan, Samuel C. Cantor, David G. O’Brien and Patrick W. Guy for respondent.

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 62 AD2d 932 ). In addition, the record does not support the contention that respondent made misleading representations to appellant regarding her entitlement to receive benefits under the salary continuation plan.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.