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KATZMAN v. ÆTNA LIFE INS. CO.

309 N.Y. 197 (1955)

Anna B. Katzman, Appellant, v. Ætna Life Insurance Co., Defendant, and Minnie Katzman, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Murray I. Sommer for appellant.

Sidney Orenstein, David Drechsler and Herbert Ferster for respondent.

Albert Hirst for New York State Association of Life Underwriters, amicus curiæ, in support of respondent's position.

CONWAY, Ch. J., FROESSEL and BURKE, JJ., concur with DYE, J.; FULD, J., dissents in an opinion in which DESMOND and VAN VOORHIS, JJ., concur.

DYE, J.

The plaintiff's complaint has been dismissed pursuant to rule 113 of the Rules of Civil Practice, on the ground that the cause of action is barred by the Statute of Frauds.

The plaintiff is the widow of David Katzman, deceased. The defendant is the sister of the deceased. They each claim the proceeds of a $5,000 policy on the life of the deceased, issued by the defendant Ætna Life Insurance...

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