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Shapiro v. Eq. Life Ass. Soc. U.S.

Court of Appeals of the State of New York
Apr 12, 1945
61 N.E.2d 745 (N.Y. 1945)

Opinion

Argued February 20, 1945

Decided April 12, 1945

Appeal from the Supreme Court, Appellate Division, First Department, WALTER, J.

Eugene T. O'Neill and Leo D. Fitzgerald for appellant.

Sidney J. Loeb for respondent.


Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, DESMOND and THACHER, JJ. LEWIS and CONWAY, JJ., dissent on the ground that the plaintiff who was serving a life sentence was "civilly dead" and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N.Y. 692; Matter of Lindewall, 287 N.Y. 347; Green v. State of New York, 278 N.Y. 15; Avery v. Everett, 110 N.Y. 317.) Taking no part: DYE, J.


Summaries of

Shapiro v. Eq. Life Ass. Soc. U.S.

Court of Appeals of the State of New York
Apr 12, 1945
61 N.E.2d 745 (N.Y. 1945)
Case details for

Shapiro v. Eq. Life Ass. Soc. U.S.

Case Details

Full title:JOSEPH SHAPIRO, Respondent, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE…

Court:Court of Appeals of the State of New York

Date published: Apr 12, 1945

Citations

61 N.E.2d 745 (N.Y. 1945)
61 N.E.2d 745

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