Shapiro v. Equitable Life Assurance Society of United States
Shapiro v. Equitable Life Assurance Society of United States
61 N.E.2d 745; 294 N.Y. 743; 1945 N.Y. LEXIS 943
(North Eastern Reporter, Second Series)
Shapiro v. Equitable Life Assurance Society of United States
Opinion of the Court
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: Lehman, Ch. J., Loughran, Desmond and Thacher, JJ. Lewis and Conway, JJ., dissent on the ground that the plaintiff who was serving a life sentence was “ civilly dead ” and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N. Y. 692; Matter of Lindewall, 287 N. Y. 347; Green v. State of New York, 278 N. Y. 15; Avery v. Everett, 110 N. Y. 317.) Taking no part: Dye, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.