Kramer v. Metropolitan Life Insurance

Motion for summary judgment is denied. Plaintiff’s rights as a creditor accrued in 1938 when she obtained her judgment of separation (Holmes v. John Hancock Mut. Life Ins. Co., 262 App. Div. 99, 101; Van Ness v. Ransom, 215 N. Y. 557, 560). Section 55-a (now § 166) of the Insurance Law therefore applies (Ehnes v. Krinsky, 279 App. Div. 405); and Stoudt v. Guaranty Trust Co. (150 Misc. 675) cited by plaintiff, is not recognized as authority to the contrary for reasons appearing in Hechtkopf v. Mendlowitz (156 Misc. *93635) notwithstanding the affirmance of said cited case (241 App. Div. 711), since…