# Goldberg v. Colonial Life Insurance

> Appellate Division of the Supreme Court of the State of New York · October 18, 1954 · 284 A.D. 678

URL: https://www.frixlaw.com/law-library/cases/5398652

## Case

- **Full name:** Sylvia Goldberg, Individually and as Administratrix of the Estate of Max Goldberg v. Colonial Life Insurance Company of America
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 18, 1954
- **Citations:** 284 A.D. 678; 134 N.Y.S.2d 865
- **Precedential status:** Published
- **Opinion:** Concurrence by Nolan
- **Judges:** Murphy, Nolan
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5398652

## Opinion text

Nolan, P. J.
(concurring). In my opinion the amended complaint sufficiently states a cause of action for the breach of a contract between respondent’s intestate and appellant. (Ellis v. Albany City Fire Ins. Co., 50 N. Y. 402 ; Ruggles v. American Central Ins. Co. of St. Louis, 114 N. Y. 415 ; Hicks v. British America Assur. Co., 162 N. Y. 284 ; Manchester v. Guardian Assur. Co., 151 N. Y. 88 ; Speronza v. Phoenix Mut. Life Ins. Co., 272 App. Div. 770.) I concur, however, in the conclusion that the amended complaint should have been dismissed on appellant’s motion pursuant to rule 107 of the Rules of Civil Practice.
Adel, Schmidt and Beldock, JJ., concur, with Murphy, J.; Nolan, P. J., concurs, in memorandum.
Order, insofar as appealed from, denying motion to dismiss the first and second causes of action in the amended complaint for insufficiency and for lack of writing, modified on the law by striking from the second ordering paragraph the word “ denied ” and by substituting therefor the word “ granted ”, and by striking therefrom the third ordering paragraph. As so modified, order affirmed, with $10 costs and disbursements to appellant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5398652. Public record. Not legal advice.