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BARTON v. NAT LIFE ASSUR CO

98 Misc.2d 300 (1978)

Kraniff Barton, as Administrator of The Estate of Delores Barton, Deceased, Respondent, v. National Life Assurance Company of Canada, Appellant.

Supreme Court, Appellate Term, Second Department.

August 9, 1978

Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (William E. Kelly and Christopher R. Belmonte of counsel), for appellant. Martin K. Kahn and Jack Rappaport for respondent.

Concur: BUSCHMANN, P. J., MANGANO and HIRSCH, JJ.

MEMORANDUM.

Judgment of the court below (see 91 Misc.2d 951) unanimously reversed with $30 costs and complaint dismissed.

Plaintiff seeks to require defendant insurer to pay the proceeds of a life insurance policy in this State and in United States currency despite an express provision that "all payments to be made hereunder, either to or by the Company, shall be made in Jamaica pounds at the Principal Office of the...

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