New York Court of Appeals, 1928

Sexton v. Equitable Life Assurance Society of United States

Sexton v. Equitable Life Assurance Society of United States
New York Court of Appeals · Decided July 19, 1928
162 N.E. 559; 248 N.Y. 646; 1928 N.Y. LEXIS 1477 (North Eastern Reporter)

Sexton v. Equitable Life Assurance Society of United States

Opinion of the Court

Judgment of Appellate Division and that of Special Term reversed, and motion for summary judgment denied, with costs in all courts, on the ground that there are questions of fact presented by the record which ought not to be determined on a motion for summary judgment.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.

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