ORTNER v. BANKERS LIFE INS. SOC.


17 A.D.2d 325 (1962)

Louis Ortner, Respondent, v. Bankers Security Life Insurance Society, Appellant

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

December 13, 1962.


Attorney(s) appearing for the Case

William E. Kelly of counsel (Casey, Lane & Mittendorf, attorneys), for appellant.

Harry Harris of counsel (Henry F. Pine with him on the brief), for respondent.

RABIN, J. P., STEVENS, EAGER and STEUER, JJ., concur.


McNALLY, J.

The question presented is whether in an action to recover the death benefit on a policy issued to the plaintiff on the life of his business associate the defendant insurer may examine before trial as a witness the widow of the business associate.

On May 23, 1961 plaintiff and his partner, Saul Schleifer, applied in writing to defendant for a $15,000 policy on the life of Schleifer. In their application both men represented, among other...

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