Lampke v. Metropolitan Life Insurance

On reargument, judgment reversed on the law, with costs, and judgment directed for the plaintiff for nine dollars and thirty cents, with costs to the defendant. Appeal from order denying motion for a new trial dismissed as academic. Memorandum: It now appearing that the applicant made a written statement of good health in her application to the defendant, we conclude that this case is not distinguishable from the case of Fortunato v. Metropolitan Life Ins. Co. (248 App. Div. 680, affg. 160 Misc. 918), and, therefore, reverse the judgment on the authority of that case. All concur. (The…