KEAR v. PRUDENTIAL INS. CO. OF AM.


208 Misc. 645 (1955)

Rosemary Kear, an Infant, by John E. Kear, Her Guardian ad Litem, et al., Plaintiffs, v. Prudential Insurance Company of America, Defendant.

Supreme Court, Special Term, New York County.

August 26, 1955.


Attorney(s) appearing for the Case

R. E. Burdick for plaintiffs.

Harry N. Schechter for defendant.


MATTHEW M. LEVY, J.

The plaintiffs and the defendant submit this joint application for judgment, pursuant to section 476 of the Civil Practice Act and to rule 112 of the Rules of Civil Practice upon the pleadings, admissions and stipulated facts and exhibits.

The action is upon a policy of life insurance issued January 16, 1942, by the defendant to the assured. In addition to providing that, in the event...

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