6 A.D.2d 697 | N.Y. App. Div. | 1958
Appeal, by permission of this court, from an order of the Appellate Term, which affirmed an order of the City Court of the City of New York, County of Queens, denying appellant’s motion to dismiss the complaint, notwithstanding the failure of the jury to agree on a verdict (Civ. Prac. Act, § 457-a). The action was brought by the beneficiary to recover the proceeds of two policies issued by appellant on the life of her husband, now deceased. Order of the Appellate Term reversed on the law, without costs in this court and in the Appellate Term, order of the City Court reversed and motion to dismiss the complaint granted. The insured was treated for a myocardial infarction by a general medical practitioner on December 20, 1950 after the practitioner had consulted a cardiologist, who also attended the insured. An electrocardiogram taken at that time showed auricular fibrillation. The general practitioner continued to care for the