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SHNEIDERMAN v. METRO. CAS.

14 A.D.2d 284 (1961)

Eileen Shneiderman, Plaintiff, v. Metropolitan Casualty Company of New York, Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 1961.

Attorney(s) appearing for the Case

Herman V. Traub (Ernest Walton with him on the brief), attorney for plaintiff.

Benjamin H. Eisen of counsel (Martin A. Crean, attorney), for defendant.

VALENTE, J. P., McNALLY and STEVENS, JJ., concur with EAGER, J.; STEUER, J., dissents in opinion.

EAGER, J.

This is a submission of a controversy on agreed statement of facts pursuant to sections 546 to 548 of the Civil Practice Act. Involved is the right of the plaintiff to recover the death benefit under a special disability insurance policy issued by defendant to David Seymour on February 1, 1953. The policy provided inter alia for payment of the principal sum of $5,000 to plaintiff, as the designated...

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