Hyperlawhypertext legal database Demuth v. New York Life Insurance & Trust Co. 154 N.Y.S. 1118

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Demuth v. New York Life Insurance & Trust Co.

154 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1915-06-25 Docket Nos. 7631, 7632 English

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p. 1118
DEMUTH v. NEW YORK LIFE INS. & TRUST CO. SAME v. KEMP et al.
(Nos. 7631, 7632.)
(Supreme Court, Appellate Division, First Department.
June 25, 1915.)

Headnote

Appeal from Special Term, New York County. Two actions by Jeanette Demuth against the New York Life. Insurance & Trust Company, as trustee, and others; and Arthur T. Kemp and others. From orders granting motions to satisfy of record judgments in favor of the defendants, they , appeal. Reversed, and motions denied. See, also, 165 App. Div. 77 , 150 N. Y. Supp. 981 . Alexander S. Andrews, of New York City, for appellants. James S. McDonogh, of New York City, for respondent.

As the matters in controversy should await the determination of the ac? tiou brought by the plaintiff in Kings county

p. 1119
under section 1391 of the Code of Civil Procedure, the orders appealed from should be reversed, with $10 costs and disbursements, and the motions denied, with $10 costs.