Equitable Life Assurance Society of the United States v. Sugarman

Appellate Division of the Supreme Court of New York

Equitable Life Assurance Society of the United States v. Sugarman

8 A.D.2d 941, 190 N.Y.S.2d 488, 1959 N.Y. App. Div. LEXIS 7684

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1959

StatusPublished

This text of 8 A.D.2d 941 (Equitable Life Assurance Society of the United States v. Sugarman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Equitable Life Assurance Society of the United States v. Sugarman, 8 A.D.2d 941, 190 N.Y.S.2d 488, 1959 N.Y. App. Div. LEXIS 7684 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action to recover under the double indemnity provisions of a policy of life insurance, the appeal is from an order denying appellant’s application to change the place of trial of the action from the City Court of the City of New York, County of Kings, to the Supreme Court, Essex County ('Civ. Prac. Act, § 189). Order reversed, without costs, and motion granted to .the extent of changing the place of trial to the Supreme Court, Queens County, when the action is actually reached for trial on the City Court Calendar. Although appellant does not name its nonprofessional witnesses nor set forth the substance of their proposed testimony, in the light of the qualified consent of respondent and the lack of authority of the City Court to subpoena witnesses from Essex 'County, where the death occurred, trial should be had in the Supreme Court and “ in another county”. Wenzel, Acting P. J., Beldoek, Murphy, Hallman and Kleinfeld, JJ., concur.

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In an action to recover under the double indemnity provisions of a policy of life insurance, the appeal is from an order denying appellant’s application to change the place of trial of the action from the City Court of the City of New York, County of Kings, to the Supreme Court, Essex County ('Civ. Prac. Act, § 189). Order reversed, without costs, and motion granted to .the extent of changing the place of trial to the Supreme Court, Queens County, when the action is actually reached for trial on the City Court Calendar. Although appellant does not name its nonprofessional witnesses nor set forth the substance of their proposed testimony, in the light of the qualified consent of respondent and the lack of authority of the City Court to subpoena witnesses from Essex 'County, where the death occurred, trial should be had in the Supreme Court and “ in another county”. Wenzel, Acting P. J., Beldoek, Murphy, Hallman and Kleinfeld, JJ., concur.

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Bluebook (online)

8 A.D.2d 941, 190 N.Y.S.2d 488, 1959 N.Y. App. Div. LEXIS 7684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-life-assurance-society-of-the-united-states-v-sugarman-nyappdiv-1959.