CURRAN v. JOHN HANCOCK INS. CO.


10 Misc.2d 904 (1958)

Joseph Curran, as Chairman of the NMU Pension and Welfare Plan, et al., Plaintiffs, v. John Hancock Mutual Life Insurance Co., Defendant.

Supreme Court, Special Term, New York County.

February 28, 1958.


Attorney(s) appearing for the Case

Stuart N. Updike and William P. Hindman, Jr., for defendant.

Herman E. Cooper, Albert Rice and Eugene N. Sosnoff for plaintiffs.


VINCENT A. LUPIANO, J.

The defendant has moved, under rule 106 of the Rules of Civil Practice, to dismiss the second amended complaint on the ground that it is insufficient in law.

The plaintiffs, constituting the board of trustees of the National Maritime Union Pension and Welfare Plan, have sued the defendant, an insurance company of the State of Massachusetts, for their dividend or share of a surplus...

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