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KRAMER v. METRO. INS. CO.

9 Misc.2d 92 (1956)

Nora Kramer, Plaintiff, v. Metropolitan Life Insurance Company et al., Defendants.

Supreme Court, Special Term, Kings County.

May 21, 1956.

Attorney(s) appearing for the Case

Bernhardt M. Meisels for plaintiff.

Telsey, Lowenthal, Rothenberg & Mason for Jewish National Fund, Inc., defendant moving for summary judgment.

Tanner, Friend, Kinnan & Port for Metropolitan Life Insurance Company, defendant.

M. HENRY MARTUSCELLO, J.

Motion for summary judgment is denied. Plaintiff's rights as a creditor accrued in 1938 when she obtained her judgment of separation (Holmes v. John Hancock Mut. Life Ins. Co., 262 App. Div. 99, 101; Van Ness v. Ransom, 215 N.Y. 557, 560). Section 55-a (now § 166) of the Insurance Law therefore applies (Ehnes v. Krinsky, 279 App. Div. 405); and Stoudt v. Guaranty Trust Co. (150 Misc. 675) cited...

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