New York Court of Appeals October 10, 1968 (O'Grady v. Commercial Travelers Mutual Accident Ass'n)

Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse on the ground that a question of fact existed, which was properly submitted to the jury and resolved in favor of plaintiff.