Kellar v. Prudential Insurance

Appellate Division of the Supreme Court of New York

Kellar v. Prudential Insurance

32 A.D.2d 605, 298 N.Y.S.2d 1012, 1969 N.Y. App. Div. LEXIS 4283

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

DecidedApril 3, 1969

StatusPublished

This text of 32 A.D.2d 605 (Kellar v. Prudential 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

Kellar v. Prudential Insurance, 32 A.D.2d 605, 298 N.Y.S.2d 1012, 1969 N.Y. App. Div. LEXIS 4283 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment reversed on the law and facts, with costs, and judgment granted to plaintiff, with costs. Memorandum: The proof discloses (albeit to a great extent by respondents’ “offers of counsel”) that the assignments of the policies of insurance to respondents’ testatrix were conditional and to be discharged upon demand by the insured, which demand had been properly made, and refused. Respondents produced no witness or other evidence. Upon this state of the record, the burden of showing anything other than a conditional assignment was cast upon respondents, a burden which they clearly failed to sustain. All concur, Moule, J., not participating. (Appeal from judgment of Erie Trial Term in action to recover on insurance policy.) Present—'Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.

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Judgment reversed on the law and facts, with costs, and judgment granted to plaintiff, with costs. Memorandum: The proof discloses (albeit to a great extent by respondents’ “offers of counsel”) that the assignments of the policies of insurance to respondents’ testatrix were conditional and to be discharged upon demand by the insured, which demand had been properly made, and refused. Respondents produced no witness or other evidence. Upon this state of the record, the burden of showing anything other than a conditional assignment was cast upon respondents, a burden which they clearly failed to sustain. All concur, Moule, J., not participating. (Appeal from judgment of Erie Trial Term in action to recover on insurance policy.) Present—'Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.

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Bluebook (online)

32 A.D.2d 605, 298 N.Y.S.2d 1012, 1969 N.Y. App. Div. LEXIS 4283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellar-v-prudential-insurance-nyappdiv-1969.