Appellate Division of the Supreme Court of New York, 1940

Shay v. Metropolitan Life Insurance

Shay v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of New York · Decided November 25, 1940
260 A.D. 958; 24 N.Y.S.2d 870; 1940 N.Y. App. Div. LEXIS 5610
Shay v. Metropolitan Life Insurance

Opinion of the Court

Action by a policyholder to enjoin the defendant insurance company from expending money for the conduct of radio programs, and for other relief. The complaint was dismissed on the defendant’s motion, which was made on the grounds that the plaintiff did not have legal capacity to sue, and that the complaint did not state facts sufficient to constitute a cause of action. Judgment unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ. [172 Misc. 202.]

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