Schmuckler v. Commercial Travelers Mutual Accident Ass'n

Order of the Supreme Court, Kings County, dated September 20, 1968, reversed, on the law, with $10 costs and disbursements; defendant’s motion for summary judgment granted; and plaintiff’s cross motion to dismiss defendant’s first affirmative defense denied. This action to recover upon a contract of insurance was commenced in July, 1967. The complaint alleges that defendant, a domestic mutual insurance association, insured plaintiff’s husband in 1937 in the sum of $5,000 against the accidental loss of his life and that, though he died on June 30, 1963 as the result of an accident, defendant…