Kahn v. New York Life Insurance

This is a motion under rules 102, 103 and 106 of the Rules of Civil Practice directing the plaintiff to serve an amended complaint on the ground that it appears on the face of the complaint that there is a misjoinder of parties plaintiff and that the second alleged cause of action cannot be maintained by the plaintiff in a representative capacity, dismissing the second cause of action, and for other relief.

Plaintiff, in her first cause of action sues as beneficiary under a policy issued by the defendant on the life of her husband. Defendant is ready, willing and has offered to pay plaintiff…