Pinkof v. Mutual Life Insurance

The defendant insurer moved for summary judgment dismissing the plaintiffs’ complaint and the plaintiffs cross-moved for summary judgment in their favor. The Special Term granted the defendant’s motion and denied the plaintiffs’ cross motion; upon reargument the Special Term adhered to its original determination. The plaintiffs appeal from these orders and from the judgment in favor of the defendant entered thereon. We affirm.

The matter was submitted to Special Term upon an agreed statement of facts. The action was brought by the plaintiffs, Maxwell Pinkof and Irving Frankel, to recover…