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MATTER OF PHILLIPS

9 N.Y.2d 873 (1961)

In the Matter of the Arbitration between Mary E. Phillips, as Administratrix of The Estate of Edward R. Phillips, Deceased, Appellant, and American Casualty Company of Reading, Pennsylvania, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Frederick E. Weinberg and Maxwell M. Booxbaum for appellant.

William R. Ahmuty, Jr., for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and BURKE. Dissent: Judges FROESSEL and FOSTER.

Order affirmed, without costs; no opinion.

Judge FROESSEL dissents and votes to reverse and to reinstate the order of Special Term in the following memorandum in which Judge FOSTER concurs: The award of about $2,000 in addition to funeral expenses for the death of an insured, 42 years of age, in excellent health, earning $13,000 per year and contributing to the household of an invalid mother and unmarried sister with whom he lived the sum of at least $40 per week...

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