Davis v. Prudential Insurance of America

Appeal from a judgment of the Supreme Court at Trial Term which dismissed the complaint in .an action upon life insurance policies, at the close of the evidence, without prejudice to a retrial upon such pleadings, amended or otherwise, as the parties should be advised. The enforcement of an annuity contract is an action for a money- judgment triable by jury as of right (CPLR 4101, subd. 1; Schenck v. Prudential Ins. Co., 167 Misc. 282). In presenting its case the plaintiff established a prima facie case because she proved the existence of the annuity policies and the deaths of Charles and…