
    Hyman Finkelstein, Respondent, v. Metropolitan Life Insurance Company, Appellant.
    
    Supreme Court, Appellate Term, First Department,
    July 25, 1934.
    
      Tanner, Sillcocks & Friend [Frederick C. Tanner and Leonard M. Gardner of counsel], for the appellant.
    
      Wikler, Gottlieb & Wikler [Harry A. Gottlieb of counsel], for the respondent.
    
      
      Revg. 151 Misc. 113.
    
   Per Curiam.

Inasmuch as the insured’s doctor advised him to submit to an operation for hernia, and testified that in his opinion a prudent man would have followed that advice, it cannot be held that the condition from which the insured was suffering constituted a total and permanent disability within the meaning of the policy. (See Palloni v. Brooklyn-Manhattan Transit ,Corp., 215 App. Div. 634.)

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.  