Kamer v. ITT Life Insurance

Appellate Division of the Supreme Court of New York

Kamer v. ITT Life Insurance

33 A.D.2d 901, 1970 N.Y. App. Div. LEXIS 5649

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

DecidedJanuary 27, 1970

StatusPublished

This text of 33 A.D.2d 901 (Kamer v. ITT Life Insurance) 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

Kamer v. ITT Life Insurance, 33 A.D.2d 901, 1970 N.Y. App. Div. LEXIS 5649 (N.Y. Ct. App. 1970).

Pincite

Opinion

—■Motion for reargument or to modify order of affirmance denied, with $20 costs. The dismissal of the counterclaims is upon the merits. The first counterclaim alleged against Bernard Kamer is not directed against a “third party”; he was a member of the partnership (Parkchester General Hospital) and the partnership was the beneficiary under and entitled to receive the proceeds of the life insurance policy. To allow the maintenance of the counterclaim would defeat the purpose of section 155 (subd. 1, par. [b]) of the Insurance Law. Concur — Eager, J. P., McGivern, McNally, Steuer and Tilzer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—■Motion for reargument or to modify order of affirmance denied, with $20 costs. The dismissal of the counterclaims is upon the merits. The first counterclaim alleged against Bernard Kamer is not directed against a “third party”; he was a member of the partnership (Parkchester General Hospital) and the partnership was the beneficiary under and entitled to receive the proceeds of the life insurance policy. To allow the maintenance of the counterclaim would defeat the purpose of section 155 (subd. 1, par. [b]) of the Insurance Law. Concur — Eager, J. P., McGivern, McNally, Steuer and Tilzer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 901, 1970 N.Y. App. Div. LEXIS 5649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kamer-v-itt-life-insurance-nyappdiv-1970.