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Brandon v. Columbian Mutual Life Ins. Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 436 (N.Y. App. Div. 1999)

Opinion

August 16, 1999.

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the order is affirmed, with costs.

The plaintiff lacks standing to sue on behalf of the decedent's estate since she has not received letters of administration ( see, EPTL 11-3.1, 1-2.13 Est. Powers Trusts; Palladino v. Metropolitan Life Ins. Co., 188 A.D.2d 708). Moreover, the plaintiff has failed to show that she has an actual legal stake in the matter being adjudicated ( Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 772-773).

Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.


Summaries of

Brandon v. Columbian Mutual Life Ins. Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 16, 1999
264 A.D.2d 436 (N.Y. App. Div. 1999)
Case details for

Brandon v. Columbian Mutual Life Ins. Company

Case Details

Full title:DOROTHY E. BRANDON, Appellant, v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY…

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

Date published: Aug 16, 1999

Citations

264 A.D.2d 436 (N.Y. App. Div. 1999)
694 N.Y.S.2d 134

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