Equitable Life Assurance Society of the United States v. Kushman

The question presented is whether upon the face of the complaint the plaintiff has an adequate remedy at law. If not, the order appealed from denying defendants’ motion to dismiss should be affirmed. If so, the motion having been made before answer, the order should be reversed and the complaint dismissed. (Gosselin Corp. v. Mario Tapparelli Fu Pietro, Inc., 191 App. Div. 680, 584; affd., 229 N. Y. 596.)

Four causes of action with respect to two policies of life insurance issued to the defendant Alexander Kushman, and in which the defendant Esther Kushman was beneficiary, are set forth.…