FARLEY v. METRO. LIFE


125 Misc.2d 37 (1984)

Anna I. Farley, Respondent, v. Metropolitan Life Insurance Company, Appellant.

Supreme Court, Appellate Term, Second Department.

August 2, 1984


Attorney(s) appearing for the Case

William J. Toppeta and Rena Friedlander for appellant. Morton A. Luchs for respondent.

PINO, P. J., JONES, and KUNZEMAN, JJ., concur.


MEMORANDUM.

Order unanimously modified by directing judgment to be entered in favor of plaintiff on the first cause of action and in favor of the defendant on the second cause of action and, as so modified, affirmed, without costs.

Plaintiff brings this action to recover amounts alleged to be due under the terms of two policies of insurance issued by the defendant on the life of her husband. Since there is no factual dispute as to the surrender, prior to the...

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