CARLIN v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


53 N.Y.2d 931 (1981)

Pearl Carlin, Appellant, v. Equitable Life Assurance Society of the United States, Respondent. (And Third- and Fourth-Party Actions.)

Court of Appeals of the State of New York.

Decided May 14, 1981.


Attorney(s) appearing for the Case

Murray H. Greenspan and Aaron Lewittes for appellant.

Michael W. Brody and Werner Weinstock for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and defendant Equitable's motion for partial summary judgment denied.

Under the terms of this life insurance policy, "the Owner may obtain an advance from the Society" (emphasis added). The plain meaning of this language, as well as relevant case law, leads us to the conclusion...

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