Appellate Division of the Supreme Court of New York, 1944

Glazer v. Equitable Life Assurance Society of the United States

Glazer v. Equitable Life Assurance Society of the United States
Appellate Division of the Supreme Court of New York · Decided October 4, 1944
268 A.D. 886; 50 N.Y.S.2d 781; 1944 N.Y. App. Div. LEXIS 4042
Glazer v. Equitable Life Assurance Society of the United States

Opinion of the Court

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs. Memorandum: There is no showing of special circumstances as provided in section 288 of the Civil Practice Act. All concur, except Dowling, J., who dissents and votes for affirmance on the authority of Ettinger v. Commercial Travelers Mut. Accident Assn. of America (266 App. Div. 876). (The order directs an examination before trial.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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