Schwenk v. Equitable Life Assurance Society of the United States

Motion for resettlement of order of reversal so as to recite that reversal is on the law and the facts and not on the law alone referred to the court that rendered the decision on the appeal. Present — Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ. Motion for resettlement of order denied. On the court’s own motion, the decision of this court handed down June 30, 1939 [ante, p. 1012], is hereby amended to read as follows: Judgment in favor of the plaintiff in an action brought to recover disability benefits pursuant to the terms of certain policies of life insurance issued by the…