FRIEDLANDER v. SCHEER


1 Misc.2d 899 (1952)

Hazel Friedlander, Plaintiff, v. Rosie Scheer, Individually and as Executrix of Herman N. Scheer, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

May 12, 1952.


Attorney(s) appearing for the Case

Isidore Miller for plaintiff.

B. Leo Schwarz for Rosie Scheer, individually and as executrix, defendant.

Ralph McAfee and Ralph Gerra for Seymour Scheer and another.

Arnold A. Levin for Edward B. Piering.

Maxwell Wyckoff for Modern Industrial Bank.

Harry N. Schechter for Prudential Insurance Co.

Ferdinand H. Pease and James V. Phelan for New York Life Ins. Co.

No appearance for Connecticut Mutual Life Ins. Co.


BREITEL, J.

This is an action for a declaratory judgment. Plaintiff is named as a beneficiary in one of six life insurance policies assigned as collateral security for a bank loan, made to the deceased insured. The principal issue is whether the debt to the bank should be allocated proportionately among the six policies, and the balances remitted to the beneficiaries of the several policies, or whether the entire...

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