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MASSACHUSETTS MUT. LIFE INS. CO. v. TATE

42 N.Y.2d 1046 (1977)

Massachusetts Mutual Life Insurance Company, Appellant, v. Robert E. Tate, Respondent.

Court of Appeals of the State of New York.

Decided October 6, 1977.

Attorney(s) appearing for the Case

David R. Crow for appellant.

Peter J. Byrnes for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to affirm in an opinion.

Order reversed, with costs, and the judgment of Supreme Court, Nassau County, reinstated for reasons stated in the dissenting opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division (56 A.D.2d 173, 182-183).

FUCHSBERG, J. (dissenting).

On the record in this case, I would adopt the findings made by the Appellate Division in its opinion, which extensively...

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