Specyal v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Specyal v. Metropolitan Life Insurance

259 A.D. 797, 19 N.Y.S.2d 319, 1940 N.Y. App. Div. LEXIS 6693

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

DecidedMarch 21, 1940

StatusPublished

This text of 259 A.D. 797 (Specyal v. Metropolitan 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

Specyal v. Metropolitan Life Insurance, 259 A.D. 797, 19 N.Y.S.2d 319, 1940 N.Y. App. Div. LEXIS 6693 (N.Y. Ct. App. 1940).

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Opinion

Judgment and order affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that it was error for the court to refuse leave to amend the complaint to plead an oral assignment and that it was error for the court to refuse to submit the question of an oral assignment to the jury. (The judgment is for defendant in an action by an assignee under a life insurance policy. The order denies plaintiff's motions for a directed verdict and to set aside the verdict.) Present — Crosby, P. J., Cunningham, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal on the law and for granting a new trial on the ground that it was error for the court to refuse leave to amend the complaint to plead an oral assignment and that it was error for the court to refuse to submit the question of an oral assignment to the jury. (The judgment is for defendant in an action by an assignee under a life insurance policy. The order denies plaintiff's motions for a directed verdict and to set aside the verdict.) Present — Crosby, P. J., Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

259 A.D. 797, 19 N.Y.S.2d 319, 1940 N.Y. App. Div. LEXIS 6693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/specyal-v-metropolitan-life-insurance-nyappdiv-1940.