MUT. LIFE INS. CO. v. KESSLER, INC.


25 Misc.2d 242 (1960)

Mutual Life Insurance Company of New York, Plaintiff, v. William B. Kessler, Inc., Defendant.

Supreme Court, Special Term, New York County.

June 15, 1960.


Attorney(s) appearing for the Case

Haughton Bell for plaintiff. Pindyck & Bernstein for defendant.


SAMUEL M. GOLD, J.

Plaintiff's motion for summary judgment is granted. Defendant's cross motion for similar relief and for a dismissal of the complaint on the merits is in all respects denied. Plaintiff, an insurance company, because of clerical errors by four of its employees, failed to deduct a $16,500 loan when making death benefit payments on two life insurance policies to the insured's beneficiary, the corporate defendant. Plaintiff discovered the...

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