Legal Opinion

Heiter v. Heiter

New York Supreme Court

Decided June 26, 1956PublishedCited by 2 opinions

1Opinion of the CourtElbert T. Gallagher, J.

Plaintiff moves for summary judgment in an action to recover possession of certain life insurance policies. From plaintiff’s affidavit in support of Ms motion, it appears that the parties were married in 1913 and most of the policies, all of which were on plaintiff’s life, were taken out after the date of marriage, that plaintiff made a trip to Georgia in 1955 and left the policies in defendant’s possession, and that since his return she has refused to surrender them.

Defendant has submitted no affidavits in opposition. In her verified answer she denies plaintiff’s allegations of ownership and…

2Cases cited4 opinions

  1. Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925
  2. Rotkiewicz v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1954
  3. Lee v. GraubardAppellate Division of the Supreme Court of the State of New York · 1923
  4. Buffalo Savings Bank v. O'GormanAppellate Division of the Supreme Court of the State of New York · 1940

3Cited by2 opinions

  1. Alexander Land Corp. v. Rochester Reducing Corp.New York Supreme Court · 1961
  2. Clarcq v. Chamberlain Mobile Home Transport, Inc.New York Supreme Court · 1968

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