Mintz v. Equitable Life Assurance Soc'y of the United States
| Decision Date | 23 November 1937 |
| Citation | 276 N.Y. 546,12 N.E.2d 569 |
| Parties | Isidor MINTZ, Respondent, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by Isidor Mintz against the Equitable Life Assurance Society of the United States. Plaintiff brought the action to recover disability benefits under five contracts of insurance issued upon the plaintiff's life, each contract containing a disability clause. Subsequently to the issuance and delivery of the policies, plaintiff was injured in an automobile accident and sustained a fracture of the right leg, involving the tibia and fibula, and also a fracture of the left leg. The right leg is noe 2 1/2 inches shorter than the left leg and plaintiff suffers from chronic osteomyelities. The right leg constantly discharges pus and there has never been a union of the bones of this leg. There have been six operations thereon and they have failed to effect a cure.
The trial judge submitted the following questions to the jury:
The jury answered both questions in the affirmative, and the court adopted the findings of the jury and rendered judgment in favor of the plaintiff. The trial court refused to charge that if plaintiff was able to perform certain of his duties as a butcher, he was not totally disabled and was not entitled to recover in the action.
From a judgment of the Appellate Division (249 App.Div. 914, 292 N.Y.S. 751) affirming the judgment for plaintiff, defendant appeals pursuant to leave of the Court of Appeals after defendant's motions for reargument and for leave to appeal were denied by the Appellate Division (250 App.Div. 813, 295 N.Y.S. 752).
Judgment affirmed.
Appeal from Supreme Court, Appellate Division, Third Department.
William G. Birmingham, of Liberty. (James D. Ewing, of New York City, of counsel), for appellant.
Hyman E. Mintz, of Monticello (Ellsworth Baker, of Monticello, of counsel), for respondent.
Judgment affirmed with costs....
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