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

282 A.D. 203 (1953)

Albert A. Hall, Appellant, v. Mutual Life Insurance Company of New York, Defendant, and Cebra Q. Graves et al., as Executors of Barbara C. Graves, Deceased, Impleaded Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 9, 1953.

Attorney(s) appearing for the Case

Arthur M. Moritz of counsel (Cornelius P. Cotter and Harry Sabbath Bodin with him on the brief; Arthur M. Moritz, attorney), for appellant.

John W. Burke, Jr., of counsel (Burton H. Brody with him on the brief; Davies, Hardy, Schenck & Soons, attorneys), for impleaded respondents.

James D. Ewing of counsel (Eugene Z. DuBose with him on the brief; Alexander & Green, attorneys), for Life Insurance Association of America, amicus curiæ.

PECK, P. J., GLENNON and DORE, JJ., concur; COHN, J., dissents and votes to affirm, in opinion.

BREITEL, J.

Plaintiff appeals from a summary judgment and order dismissing his supplemental complaint. He is the former husband of a beneficiary named in a life insurance policy. The policy beneficiary, upon the death of the insured, her father, had selected an optional mode of settlement of the policy proceeds. In selecting the option the former wife had named plaintiff

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