Shapiro v. Equitable Life Assurance Society of United States

294 N.Y. 743 | NY | 1945

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 ofPallas, 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.