Bayreuther v. LaGuardia

The first cause of action is based upon an alleged promise by Richard Reinisch that in the event his wife should predecease him he would at the time of her death designate the plaintiff as the sole beneficiary of whatever sums of money might at his death remain to his credit as a member of the New York City Employees’ Retirement System.

There is no denial of the claim made in. the moving affidavit that the alleged promise was oral, and that no note or memorandum in writing was ever made. The question presented is whether the alleged promise is void under the provisions of either subdivision 1…