Schnurman v. Metropolitan Life Insurance

Action to recover disability benefits under a policy of insurance. Order of the Appellate Term reversing judgment of the Municipal Court of the City of New York, Borough of Brooklyn, First District, in favor of the defendant, and granting a new trial, unanimously affirmed. Pursuant to defend*893ant’s stipulation, judgment absolute is awarded to the plaintiff, with costs in all courts. The fact of total and permanent disability is conceded. A defense was interposed that plaintiff’s true age established that he was over sixty at the time disability occurred and, therefore, was not entitled under…