Friedman v. Metropolitan Life Insurance

The action was brought in the City Court of the City of New York, County of Queens, to recover earnings under *196a contract of employment. The City Court gave judgment in favor of the plaintiff. The appeal here is from an order of the Appellate Term affirming that judgment.

Although the plaintiff-respondent claims to the contrary, the proof establishes as a matter of law that there was a written contract between the parties. Even if it be assumed that the plaintiff’s cause of action is based upon an alleged ambiguity respecting the charge for lapses on industrial policies which he had not…