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BRANDON v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY

264 A.D.2d 436 (1999)

694 N.Y.S.2d 134

DOROTHY E. BRANDON, Appellant, v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY, Defendant, and PATRICIA ALEXANDER, Respondent.

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

Decided August 16, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff lacks standing to sue on behalf of the decedent's estate since she has not received letters of administration (see, EPTL 11-3.1, 1-2.13; Palladino v Metropolitan Life Ins. Co., 188 A.D.2d 708). Moreover, the plaintiff has failed to show that she has an actual legal stake in the matter being adjudicated (Society of Plastics Indus. v County of Suffolk,...

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