Opinion · New York Court of Appeals
Shapiro v. Equitable Life Assurance Society of United States
Shapiro v. Equitable Life Assurance Soc’y of United States, 294 N.Y. 743 (New York Court of Appeals 1945)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1945-04-12
- Topic
- general
Order affirmed, with costs. Question certified answered in the negative. No opinion. Concur: Lehman, Ch. J., Loughran, Desmond and Thacher, JJ.
Citator
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- Cited by
- 6 opinions
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.