McKenna v. Metropolitan Life Insurance — 247 N.Y. 527

Majority

p. 527

Nicholas McKenna, as Ancillary Executor of Gertrude Malnati, Deceased, Appellant, v. Metropolitan Life Insurance Company, Respondent.

Headnote

Appeal — order of Appellate Division reversing order granting motion for summary judgment and denying motion — appeal to Court of Appeals dismissed.

McKenna v. Metropolitan Life Ins. Co., 220 App. Div. 53 , appeal dismissed.

(Argued December 6, 1927;

decided January 10, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1927, which reversed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for summary judgment and denied said motion.

p. 528

Fred Iscol and Hector McG. Curran for appellant.

James C. Van Siclen and Henry C. Frey for respondent.

Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.