KATZMAN v. ÆTNA LIFE INS. CO.


285 A.D. 446 (1955)

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

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

February 15, 1955.


Attorney(s) appearing for the Case

Sidney Orenstein of counsel (David Drechsler and Herbert Ferster with him on the brief; Drechsler & Leff, attorneys), for appellant.

Stanley Bogart of counsel (Murray I. Sommer with him on the brief; Bogart & Lonergan, attorneys), for respondent.

PECK, P. J., BREITEL and BASTOW, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm in opinion.


Per Curiam.

Plaintiff has brought this action to have it declared that she is the lawful beneficiary of an insurance policy on the life of her deceased husband and entitled to payment of the proceeds of the policy. The action is against decedent's sister, who is the named beneficiary of the policy.

It is plaintiff's claim that she had an agreement with her husband, founded on good consideration, that he would...

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