Opinion
Argued April 18, 1961
Decided April 27, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.
Frederick E. Weinberg and Maxwell M. Booxbaum for appellant.
William R. Ahmuty, Jr., for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and BURKE. Judge FROESSEL dissents and votes to reverse and to reinstate the order of Special Term in the following memorandum in which Judge FOSTER concurs: The award of about $2,000 in addition to funeral expenses for the death of an insured, 42 years of age, in excellent health, earning $13,000 per year and contributing to the household of an invalid mother and unmarried sister with whom he lived the sum of at least $40 per week is so shockingly inadequate as to be tantamount to evident partiality.