HUSTON v. NYSA-ILA WELFARE FUND


43 A.D.2d 590 (1973)

Mary A. Huston, as Mother and Natural Guardian of William J. Huston and Others, Infants, et al., Appellants, v. NYSA-ILA Welfare Fund, Defendant, and Georgette R. Huston, Respondent

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

November 26, 1973


Order modified by striking therefrom the second through fifth decretal paragraphs and by substituting therefor a provision denying defendant Huston's cross motion. As so modified, order affirmed, with $20 costs and disbursements to appellants, and stay of the payment of said proceeds (in order to show cause on plaintiff's motion) reinstated.

In our view, an issue of fact exists as to whether the decedent, in designating defendant Huston as his death benefit beneficiary...

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