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Raffone v. Lockton

Appellate Division of the Supreme Court of New York, First Department
May 27, 1965
23 A.D.2d 847 (N.Y. App. Div. 1965)

Opinion

May 27, 1965


Order, entered on August 12, 1964, granting interpleaded defendant's motion to dismiss the plaintiff's complaint and directing payment to the interpleaded defendant of the assets held in the pension and savings plan for the account of the decedent, unanimously modified, on the law and in the exercise of discretion, to the extent of denying summary judgment against the defendant trustees, and, as so modified, affirmed, without costs. While we agree that the complaint of the plaintiff must be dismissed, we conclude that payment of the proceeds of the pension and savings plan to the interpleaded defendant should not have been directed. It may well be that the estate of the decedent has a claim to these funds. Thus, in the absence of the estate representative, a determination that the interpleaded defendant is entitled to such proceeds would not be of binding effect. In such circumstances we conclude that the direction to pay the proceeds to the interpleaded defendant at this time was inappropriate. Settle order on notice. Order, entered on August 12, 1964, granting interpleaded defendant's motion to dismiss the plaintiff's complaint and directing payment to the interpleaded defendant of the proceeds of the insurance policy, unanimously modified, on the law and in the exercise of discretion, to the extent of denying summary judgment against the defendant, Metropolitan Life Insurance Company, and, as so modified, affirmed, without costs. This order is modified for the reasons set forth in the memorandum in [the above] appeal. Settle order on notice.

Concur — Rabin, J.P., Valente, McNally, Eager and Steuer, JJ.


Summaries of

Raffone v. Lockton

Appellate Division of the Supreme Court of New York, First Department
May 27, 1965
23 A.D.2d 847 (N.Y. App. Div. 1965)
Case details for

Raffone v. Lockton

Case Details

Full title:TRAUTE RAFFONE, Appellant, v. J.D. LOCKTON et al., as Trustees of the…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 1965

Citations

23 A.D.2d 847 (N.Y. App. Div. 1965)