The sole question is whether the plaintiff is a "survivor of" Sorello or "a person deriving his title or interest from, through or under" him within the meaning of section 347 of the Civil Practice Act.
The beneficiaries in Ward v. New York Life Ins. Co. (225 N.Y. 314) "survived" the insured in the popular sense of that word. Their rights also depended upon what he had done, for if he...
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