WITTNER v. IDS INS. CO. OF NEW YORK


96 A.D.2d 1053 (1983)

Sydnie C. Wittner, Appellant, v. IDS Insurance Company of New York, Respondent

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

September 12, 1983


Order reversed, without costs or disbursements, plaintiff's cross motion is granted and defendant's motion for summary judgment is denied with leave to renew if defendant be so advised, upon completion of plaintiff's discovery of it.

Plaintiff's husband died, apparently as a result of an automobile accident, on September 21, 1979. As his beneficiary under a life insurance policy issued by defendant on April 15, 1979, plaintiff filed a claim. Upon defendant's refusal...

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