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SESSA v. TRS., MORT FUND

88 Misc.2d 377 (1976)

Jean Sessa, Respondent, v. Trustees of Mortuary Fund of Local No. 1, Amalgamated Lithographers of America, Interpleading Respondents. Trudy Sessa, Interpleaded Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

August 23, 1976

Attorney(s) appearing for the Case

Alexander W. Axelrod for interpleaded defendant-appellant. McGee & Morsellino (Arthur J. McGee of counsel), for respondent.

Concur: SCHWARTZWALD, P. J., RINALDI and BUSCHMANN JJ.

MEMORANDUM.

Order affirmed without costs.

Plaintiff, who was the wife of the decedent at the time the union mortuary fund certificate was issued to him, is, as the named beneficiary, entitled to the proceeds thereof (General Obligations Law, § 5-701, subd 1; Coler v Coler, 271 App Div 877, affd 297 N.Y. 488; Stanford v Union Labor Life Ins. Co., 74 Misc.2d 781

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