FINKELSTEIN v. METROPOLITAN LIFE INS. CO

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 A.D. 634.)

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

All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.