BANKERS SEC. INS. SOC. v. GOLDFARB


38 Misc.2d 366 (1962)

Bankers Security Life Insurance Society, Plaintiff, v. Herman Goldfarb et al., Defendants.

Supreme Court, Trial Term, Nassau County.

December 28, 1962


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Samuel M. Lane of counsel), for plaintiff. Miller & Bush (Irving Bush of counsel), for Herman Goldfarb, defendant. Turnbull & Bergh (Alfred A. Marra of counsel), for Jeanne Baumel, defendant.


BERNARD S. MEYER, J.

The court has previously held that plaintiff insurer is not entitled to rescind a policy of insurance on the life of John Vocale and that Vocale's widow, defendant Baumel, is entitled to recover on the policy. By stipulation defendant Goldfarb is to receive a proportionate part of the widow's recovery. The question now presented is what the widow is entitled to recover.

The policy...

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