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MFRS. & TRADERS TRUST v. FRANZ

46 A.D.2d 161 (1974)

Manufacturers & Traders Trust Company, Plaintiff, v. A. Richard Franz, Jr., Defendant

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

December 12, 1974.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Richard A. Goetz of counsel), for plaintiff.

Stephen B. Hughes for defendant.

MARSH, P. J., CARDAMONE, GOLDMAN and DEL VECCHIO, JJ., concur.

SIMONS, J.

This matter is submitted to the Appellate Division in the first instance upon an agreed statement of facts pursuant to CPLR 3222.

The parties question whether group life insurance issued in conjunction with an automobile loan to Sharon Franz covered the life of the borrower, Sharon Franz, or the guarantor, her father, A. Richard Franz, Jr. Sharon Franz was killed while the monthly payments were current but before the debt was repaid...

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