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BANKERS TRUST v. EQUITABLE LIFE ASSUR.

22 A.D.2d 579 (1965)

Bankers Trust Company, Respondent, v. Equitable Life Assurance Society of the United States, Defendant United States of America, Plaintiff-in-Intervention, Appellant, v. Bankers Trust Company, Defendant-in-Intervention, Respondent, et al, Defendants-in-Intervention

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

March 25, 1965.

Attorney(s) appearing for the Case

Clarence M. Dunnaville, Jr., of counsel (Laurence Vogel with him on the brief; Robert M. Morgenthau, United States Attorney for the Southern District of New York), attorney for appellant.

Arnold A. Jaffe of counsel (Joseph L. Fishman with him on the brief; Moses & Singer, attorneys), for respondent.

BREITEL and STEVENS, JJ., concur with BASTOW, J.; STEUER, J., dissents in opinion in which BOTEIN, P. J., concurs.

BASTOW, J.

This appeal requires determination of the priority of the claims of plaintiff, Bankers Trust Company (Bankers), and the plaintiff-in-intervention, United States of America (Government), to the cash surrender value of certain life insurance policies on the life of one Fynke, a defendant-in-intervention. More specifically, the issue presented is the validity, as opposed to the claim of Bankers, of the...

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