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DAVIS v. PRUDENTIAL INS. CO. OF AM.

31 A.D.2d 865 (1969)

Ruth H. Davis, as Executrix of Lucy H. Mackey, Deceased, Appellant, v. Prudential Insurance Company of America, Respondent

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

February 13, 1969

Per Curiam.

The enforcement of an annuity contract is an action for a money judgment triable by jury as of right (CPLR 4101, subd. 1; Schenck v. Prudential Ins. Co., 167 Misc. 282). In presenting its case the plaintiff established a prima facie case because she proved the existence of the annuity policies and the deaths of Charles and Lucy Mackey (Imbrey v. Prudential Ins. Co., 286 N.Y. 434, mot. for rearg. den. 287 N.Y. 646). The effects of the...

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