Legal Opinion

Byrne v. Ætna Life Insurance

New York Supreme Court

Decided December 26, 1942Published

1Opinion of the CourtSmith, J.

In this case the court on November 7,1942, handed down its written decision in defendant’s favor. Plaintiff now makes this motion for reargument on the ground that through a misunderstanding her attorney had failed to submit a brief in reply to the defendant’s brief. Defendant’s counsel, with a com*413mendable show of impartiality, does not oppose this motion. The motion for reargument is, therefore, granted and briefs of the parties have been received.

The court in its prior decision omitted to state that it received in evidence the papers as to which decision upon their admissibility had been…

2Cases cited2 opinions

  1. Divita v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  2. Steiner v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1932

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