Appellate Division of the Supreme Court of the State of New York March 28, 1966 (Erath v. Prudential Insurance Co. of America)

Gibson, P. J.

Appeal by plaintiffs from a judgment of the Supreme Court entered upon a decision dismissing the complaint in an action to recover upon a life insurance policy, submitted upon an agreed statement of facts. An application for insurance upon the life of plaintiff’s daughter, then five and one-half years old, was executed by her father who, at the same time, paid $62.