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HELFAER v. JOHN HANCOCK MUT. INS.

30 A.D.2d 102 (1968)

Sally A. Helfaer et al., Respondents, v. John Hancock Mutual Life Insurance Company, Appellant, et al., Defendant

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

May 16, 1968.

Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (James S. McAskill of counsel), for appellant.

Boniello, Gellman, McNulty, Halpern, Anton & Kellick (Harold M. Halpern of counsel), for respondents.

WILLIAMS, P. J., and HENRY, J., concur with DEL VECCHIO, J.; MARSH, J., dissents and votes to modify the judgment, and, as modified, affirm, in opinion in which GOLDMAN, J., concurs.

DEL VECCHIO, J.

This is an appeal from an order pursuant to CPLR 3212 which struck out the answer of defendant insurance company and granted summary judgment for plaintiff, after the assessment of damages, in an action on an insurance policy alleged to have been issued on the life of Bertram M. Helfaer, which in fact was issued to United Funds, Inc.

On May 8, 1964 Helfaer, who was a physician, made an...

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