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McNERNEY v. ÆTNA LIFE INS. CO.

284 A.D. 21 (1954)

Mildred F. McNerney et al., Respondents, v. Ætna Life Insurance Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 28, 1954.

Attorney(s) appearing for the Case

Gustav Blaustein for appellant.

Sidney B. Coulter for respondents.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER and WHEELER, JJ.

VAUGHAN, J. P.

Defendant, the Ætna Life Insurance Company, appeals from an order of Onondaga County Special Term denying its motion for summary judgment dismissing plaintiff's complaint. The action is on two life insurance policies, brought by the named beneficiaries of the insured, one William J. McNerney, deceased.

The complaint states two causes of action, one on a policy in the face amount of ...

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