BAXTER HOUSE v. ROSEN


27 A.D.2d 258 (1967)

Baxter House, Inc., et al., Appellants, v. Hattie Rosen et al., Individually and as Administratrices of The Estate of George Rosen, Deceased, Respondents

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

March 20, 1967.


Attorney(s) appearing for the Case

Marlow & Marlow (Lenard Marlow of counsel), for appellants.

Warshaw, Franks & Lebow (Ernst L. Bendix and I. Alan Harris of counsel), for respondents.

UGHETTA, Acting P. J., CHRIST and BRENNAN, JJ., concur with HOPKINS, J.; RABIN, J., dissents in separate opinion.


HOPKINS, J.

This appeal, directed to the sufficiency of plaintiffs' amended complaint, presents issues concerning the extent to which creditors of an insured decedent may recover moneys used by the decedent in payment of premiums due upon contracts insuring his life and by him made payable to donee beneficiaries. Plaintiffs each have separately alleged two causes of action the facts of which, except for the sums...

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