McKinney v. Sussillo

Appellate Division of the Supreme Court of New York

McKinney v. Sussillo

243 A.D. 541

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

DecidedDecember 15, 1934

StatusPublished

This text of 243 A.D. 541 (McKinney v. Sussillo) 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

McKinney v. Sussillo, 243 A.D. 541 (N.Y. Ct. App. 1934).

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Opinion

Action to recover a death benefit of $500 under a certificate issued by the Lieutenants’ Benevolent Association of the Police Department of the City of New York to the plaintiff’s decedent, in which plaintiff was named as beneficiary. Judgment unanimously directed for plaintiff on the agreed statement of facts, without costs. The course of dealings between the parties over a period of twenty-four years evidences a waiver by the said association of the provisions of article XVIII of the constitution in respect of automatic suspension for failure to make payments within the required period and it is thereby estopped to claim forfeiture. (Kenyon v. K. T. & M. M. A. Assn., 122 N. Y. 247, 261; Steuernagel v. Supreme Council of R. A., 234 id. 251, 258; McClure v. Supreme Lodge, 41 App. Div. 131.) The cases invoked by the defendant are readily distinguishable. Present — Lazansky, P. J., Young, Carswell, Seudder and Davis, JJ. Settle order on notice.

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Action to recover a death benefit of $500 under a certificate issued by the Lieutenants’ Benevolent Association of the Police Department of the City of New York to the plaintiff’s decedent, in which plaintiff was named as beneficiary. Judgment unanimously directed for plaintiff on the agreed statement of facts, without costs. The course of dealings between the parties over a period of twenty-four years evidences a waiver by the said association of the provisions of article XVIII of the constitution in respect of automatic suspension for failure to make payments within the required period and it is thereby estopped to claim forfeiture. (Kenyon v. K. T. & M. M. A. Assn., 122 N. Y. 247, 261; Steuernagel v. Supreme Council of R. A., 234 id. 251, 258; McClure v. Supreme Lodge, 41 App. Div. 131.) The cases invoked by the defendant are readily distinguishable. Present — Lazansky, P. J., Young, Carswell, Seudder and Davis, JJ. Settle order on notice.

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243 A.D. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckinney-v-sussillo-nyappdiv-1934.

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