Opinion
May 23, 1949.
In an action to set aside a designation of beneficiary of the proceeds of a policy of life insurance, on the ground of fraud and undue influence, order denying appellant's motion, under rule 106 of the Rules of Civil Practice, to dismiss the first cause of action in the amended supplemental complaint, reversed on the law, with $10 costs and disbursements, and the motion granted, without costs. The complaint does not contain allegations of ultimate facts sufficient to sustain the pleaded conclusions as to undue influence, etc. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.