Legal Opinion
Greenberg v. Prudential Insurance of America
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1935PublishedCited by 4 opinions
1Opinion of the Court
Plaintiff, as beneficiary, sues to recover on a life insurance *728policy. Defendant pleads, as complete defenses, fraudulent answers by the insured as to his health in his application for insurance, and counterclaims on the same grounds for rescission of the contract and for a declaration that the policy is void. Defendant noticed for trial at Special Term the issues raised by the counterclaim and reply. The plaintiff thereafter served on defendant a copy of a note of issue for a Trial Term, which was returned by defendant. Plaintiff thereafter moved to strike the action from the Special Term…
2Cases cited5 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Mutual Life Insurance Co. v. MarzecNew York Supreme Court · 1932
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Penn Mutual Life Insurance v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1935
3Cited by4 opinions
- General Insurance Co. of America v. GoldsteinNew York Supreme Court · 1943
- Schenck v. Prudential Insurance of America, Inc.New York Supreme Court · 1938
- Diamond v. PolivnickAppellate Division of the Supreme Court of the State of New York · 1946
- Phoenix Mutual Line Insurance v. ConwayAppellate Division of the Supreme Court of the State of New York · 1962