Majority
p. 1023Theodore J. Gram et al., as Executors of John A. Messer, Deceased, Appellants, v. Mutual Life Insurance Company of New York, Respondent.
Judgment and order affirmed, with costs, upon the opinion of Vaughan, J., delivered at Special Term. All concur, except McCurn, J., who dissents and votes for reversal and for granting summary judgment in favor of plaintiffs. (The judgment dismisses plaintiffs’ complaint in an action under a life insurance policy. The order denies plaintiffs’ motion for summary judgment and grants defendant’s motion for summary judgment.)» Present — Taylor, P. J., McCurn, Love and Kimball, JJ. [ 193 Misc. 608 .]
Cases cited
- Gram v. Mutual Life Insurance 193 Misc. 608 p. 1023