Opinion
December 10, 1964
Appeal from the Erie Special Term.
Present — Bastow, J.P., Goldman, Henry, Noonan and Del Vecchio, JJ.
Order unanimously reversed, with costs and motion granted, with $10 costs. Memorandum: We conclude that the monthly payments due to defendant, Cross, under the terms of insurance policies issued by defendant-respondent, Travelers Insurance Company, are debts of the insurer which could be collected by the beneficiary through an action in New York; that these payments constitute property of the defendant "within the state" subject to sequestration under section 233 Dom. Rel. of the Domestic Relations Law; that section 15 Pers. Prop. of the Personal Property Law does not protect such payments from being applied to satisfy the needs of the beneficiary's dependents as those needs have been determined by an order directing temporary alimony and support and as they may be determined in the final judgment in the pending separation action ( Matter of Knauth, 12 N.Y.2d 259).