Nowak v. Brotherhood of American Yeomen

On the first trial of these actions it was held that the falsity of the warranty of the assured relative to consulting a physician had been conclusively proven, and the complaints were dismissed. The judgment was affirmed in this court (221 App. Div. 832), but reversed in the Court of Appeals (249 N. Y. 78),

As we read the opinion in the Court of Appeals, the reversal was placed upon two grounds: (1) That it could not be held, as matter of law, that the visit of Dr. Lehnis to the assured was a consultation between physician and patient; (2) that the question in the application as to whether…