KUTNER v. NEW ENGLAND MUT. LIFE INS. CO. OF BOSTON


57 A.D.2d 697 (1977)

Joan V. Kutner, Appellant, v. New England Mutual Life Insurance Company of Boston, Respondent

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

April 7, 1977


Order affirmed, without costs.

Memorandum:

On October 30, 1974 plaintiff commenced this action to recover proceeds of a life insurance policy on her former husband based upon his disappearance and continuous absence since August, 1967. Thereafter defendant moved for summary judgment on the ground that the statutory presumption of death should not be applied and that, consequently, there was no triable issue of fact...

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