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  5. 32 A.D.2d 79 (1969)
 

KAUFMAN v. N. Y. LIFE INS.

32 A.D.2d 79 (1969)

P. Ben Kaufman, as Executor of Sara Kaplan, Deceased, Judgment-Creditor-Appellant, v. New York Life Insurance Company et al., Third-Party Respondents; David Tuckerman et al., Judgment-Debtors-Intervenors-Respondents

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

April 17, 1969.

Attorney(s) appearing for the Case

Jacob Rosenbloom of counsel (P. Ben Kaufman, attorney), for appellant.

David G. Schryver of counsel (Harry J. McCallion, attorney), for third-party respondents.

Mortimer J. Metchik of counsel (Sherman & Citron, attorneys), for intervenors-respondents.

STEVENS, P. J., MARKEWICH and NUNEZ, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.

Per Curiam.

This is an appeal from a judgment, denominated an order, entered April 5, 1968, which denied a motion of the petitioner-appellant brought in a special proceeding to compel the intervenors-respondents to surrender certain life insurance policies to the third-party respondents for their cash value and to turn over such value to the petitioner-appellant.

Sometime prior to the death of Sara Kaplan, aunt...

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