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HUNNELL v. HUNNELL

45 A.D.2d 521 (1974)

Tongta Hunnell, Appellant, v. Edna Hunnell, Respondent, et al., Defendant

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

October 24, 1974.

Attorney(s) appearing for the Case

Kushner & Kushner (James C. Roscetti of counsel), for appellant.

James Edgar Hunt for respondent.

MOULE and SIMONS, JJ., concur with DEL VECCHIO, J.; MARSH, P. J., and MAHONEY, J., dissent and vote to reverse the order and deny the motion in an opinion by MARSH, P. J.

DEL VECCHIO, J.

The sole question on this appeal is whether the papers before us demonstrate the existence of triable issues of fact such that it was error to grant defendant Hunnell's motion for summary judgment dismissing the complaint.

Plaintiff, alleging that she is the widow of Larry Gene Hunnell, seeks by this action to obtain the proceeds of insurance policies issued on the life of her husband...

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