Pugliese v. Consolidated Edison Co. of New York, Inc.

OPINION OF THE COURT

Martin Rodell, J.

By notice of motion the plaintiff has moved this court for an order striking out the defendant’s answer and directing the entry of summary judgment against the defendant.

This is an action to recover widow’s benefits which the plaintiff alleges she is entitled to under the Consolidated Edison Company of New York Employee Security Plan.

It appears that on February 20, 1932 the plaintiff was *747married to Biaggio Pugliese. The plaintiff alleges that she remained married to him until the date of his death in November, 1969. From 1930 to 1962 the said Biaggio…