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MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. SIMON

151 F.Supp. 408 (1957)

The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Plaintiff, v. Herman SIMON, Defendant.

United States District Court S. D. New York.

May 10, 1957.

Attorney(s) appearing for the Case

Haughton Bell, New York City, for plaintiff, J. G. Kelly, C. F. Hollander, New York City, of counsel.

Leon Wasserman, New York City, for defendant.

DAWSON, District Judge.

This action is brought by the Mutual Life Insurance Company of New York (hereinafter referred to as Mutual) to reform a policy issued to Herman Simon in 1944. Reformation is sought on the ground that as a result of a scrivener's error the policy recites $57,098.26 instead of $5,798.26 as the "Single Sum" payable when the insured becomes 65 years old and his rights to the endowment annuity mature.

There is no dispute as to the material...

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