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Sessa v. Trustees of Mortuary Fund of Local No. 1

88 Misc. 2d 377 Court Supreme Court, Appellate Term, Second Department, Decision date 1976-08-23 English

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p. 377
Jean Sessa, Respondent, v Trustees of Mortuary Fund of Local No. 1, Amalgamated Lithographers of America, Interpleading Respondents. Trudy Sessa, Interpleaded Defendant-Appellant.
Supreme Court, Appellate Term, Second Department,
August 23, 1976
p. 378
Alexander W. Axelrod for interpleaded defendant-appellant. McGee & Morsellino (Arthur J. McGee of counsel), for respondent.

Memorandum. Order affirmed without costs.

Plaintiff, who was the wife of the decedent at the time the union mortuary fund certificate was issued to him, is, as the named beneficiary, entitled to the proceeds thereof (General Obligations Law, § 5-701, subd 1; Coler v Coler, 271 App Div 877 , affd 297 NY 488 ; Stanford v Union Labor Life Ins. Co., 74 Misc 2d 781 ; Matter of Keeler, 186 Misc 20 ).

Concur: Schwartzwald, P. J., Rinaldi and Buschmann JJ.

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