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BRANDWEIN v. PROVIDENT MUT. LIFE INS. CO.

3 N.Y.2d 491 (1957)

Frederick Brandwein, Appellant, v. Provident Mutual Life Insurance Company of Philadelphia, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1957.

Attorney(s) appearing for the Case

Henderson Morrison, Jr., for appellant.

Edward T. Post and Ernst L. Bendix for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL and BURKE concur with Judge DESMOND; Judge VAN VOORHIS dissents in an opinion.

DESMOND, J.

Special Term, holding that this complaint states no cause of action, granted the motion of defendant for judgment on the pleadings (Rules Civ. Prac., rule 112). The Appellate Division, Second Department, affirmed with a dissenting memorandum by one Justice. The holding below was that, because of the supposed applicability of the Statute of Frauds (Personal Property Law, § 31, subd. 1) and the...

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