Bernstein v. Bernstein — 280 A.D. 1030

Majority

p. 1030

Fourth Department,

November, 1952.

(November 7,1952.)

Arthur J. Bernstein, Respondent, v. Willa S. Bernstein, Appellant.

Judgment and order affirmed, without costs of this appeal to either party. All concur. (Appeal from a judgment for plaintiff in an action by the original beneficiary to recover the death benefit under a group life insurance policy. The order struck out defendant’s answer, dismissed the counterclaim, and directed summary judgment for plaintiff.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Wheeler, JJ.