Zornow v. Prudential Insurance

Davis, J.:

Ón the appeal from the judgment in this case we affirmed without opinion. (210 App. Div. 813.) Counsel for appellant urges that we have overlooked important facts in the record and have failed to recognize established legal principles which he claims are decisive in favor of his client. We, therefore, deem it proper to state formally the views we entertain.

The judgment in respondent’s favor on the trial justifies a statement of the facts established by the evidence as follows: Ernest Zimmer, aged about forty-eight years, died August 3, 1921, at a hospital in Rochester. For some time…