Wolfson v. Metropolitan Life Insurance (289 N.Y. 70, 1942)

Per Curiam.

The evidence presented an issue of fact as to whether or not the insured died as the result of a pre-existing heart condition.

The judgments should be reversed and a new trial granted with costs to appellant to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.