Matza v. Empire State Mutual Life Insurance

— Judgment, Supreme Court, New York County, entered December 9, 1974, after a jury trial, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. In 1968, defendant issued to plaintiff a policy of disability insurance. Approximately three years later plaintiff developed cancer of the larynx and had to undergo a total laryngectomy (removal of the larynx), resulting in the loss of normal speech. Three payments were made pursuant to the terms of the policy for total disability. Such checks were received and deposited by plaintiff. A fourth check on…