150 Misc. 669 | N.Y. App. Term. | 1934
Defendant, prima facie, proved breach of the conditions of the policy. Plaintiff had it within her power to rebut the defendant’s evidence, but did not. The evidence shows the certificate of death and the hospital certificate were furnished with the proofs of death and the statements therein were competent
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, Hammer, Callaban and Frankenthaler, JJ.