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ANDERSON v. MASS MUT LIFE

77 A.D.2d 248 (1980)

Gail Anderson, as Administratrix of The Estate of Carl E. Anderson, Deceased, Appellant, v. Massachusetts Mutual Life Insurance Company et al., Respondents

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

November 13, 1980

Attorney(s) appearing for the Case

Byrne, Costello & Pickard, P. C. (Matthew V. Byrne of counsel), for appellant.

Hancock, Estabrook, Ryan, Shove & Hust (William L. Allen of counsel), for Massachusetts Mutual Life Insurance Company, respondent.

Robinson, Williams, Angeloff & Frank (Martha W. Arthur of counsel), for First Federal Savings and Loan Association of Rochester, respondent.

Philip C. Wood for Carl J. Anderson, respondent.

CARDAMONE, J. P., SCHNEPP, CALLAHAN and MOULE, JJ., concur.

WITMER, J.

The principal question presented on this appeal is whether an owner of real property subject to a mortgage may require a beneficiary of a life insurance policy to contribute pro rata to the payment of a loan when the mortgage and the life insurance policy both are conveyed as collateral security for the loan and when the creditor releases the life insurance policy to the beneficial owner thereof.<...

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