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GRAM v. MUT. LIFE INS. CO. OF N. Y.

300 N.Y. 375 (1950)

Theodore J. Gram et al., as Executors of John A. Messer, Deceased, Appellants, v. Mutual Life Insurance Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1950

Attorney(s) appearing for the Case

Cornelius J. McCarthy for appellants.

Roy P. Ohlin, Louis W. Dawson and Harold A. Mercer for respondent.

LOUGHRAN, Ch. J., LEWIS, DYE and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which FULD, J., concurs.

CONWAY, J.

This is an action to recover upon two policies of insurance issued upon the life of John A. Messer, each in the amount of $25,000, and to recover upon a claim for disability benefits under one of the policies. Each party moved for summary judgment in its favor. Special Term granted defendant's motion, denied plaintiffs' motion, and dismissed the complaint on the merits. The Appellate Division affirmed...

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