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TANNENBAUM v. PROVIDENT INS.

53 A.D.2d 86 (1976)

Justine S. Tannenbaum, Respondent, v. Provident Mutual Life Insurance Company of Philadelphia et al., Appellants

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

June 29, 1976

Attorney(s) appearing for the Case

Saul Goldstein of counsel (Patrick A. Lyons with him on the brief; Lester Schwab Katz & Dwyer, of counsel to Emile Z. Berman and A. Harold Frost, attorneys), for Marvin S. Sterling, appellant.

David R. Crow of counsel (Friend, Post & Hopkins, attorneys), for Provident Mutual Life Insurance Company of Philadelphia, appellant.

Bernard R. Selkowe for respondent.

KUPFERMAN, J., concurs with LUPIANO, J.; CAPOZZOLI, J., concurs in result only; STEVENS, P. J., and LANE, J., dissent in an opinion by LANE, J., as to appeal from judgment entered May 7, 1974.

LUPIANO, J.

The amended complaint of Justine Schaefer Tannenbaum, the widow of Dr. Louis E. Schaefer, alleges three causes of action. The first cause of action is against defendant Provident Mutual Life Insurance Company of Philadelphia (hereinafter "Provident") and is brought by plaintiff as beneficiary of an insurance policy on the life of Dr. Schaefer issued by Provident in the amount of $200,000 because of...

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