44 Misc. 2d 437 | N.Y. App. Term. | 1964
Dissenting Opinion
(dissenting). I dissent and vote to reverse the judgment and grant judgment in favor of plaintiff. Such meaning must be given to the terms used in a policy of insurance as would be ascribed to them u by the average man ” (McGrail v. Equitable Life Assur. Soc., 292 N. Y. 419, 424). In my opinion an average man would consider Fernclifl; Manor, here involved
Hecht and Tilzer, JJ., concur in decision; Hofstadter, J., dissents in opinion.
Judgment affirmed, with $25 costs.
Lead Opinion
Judgment affirmed, with $25 costs. No opinion.