BRANDON v. Patricia Alexander, respondent. (1999)

Supreme Court, Appellate Division, Second Department, New York.

Dorothy E. BRANDON, etc., appellant, v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY, defendant, Patricia Alexander, respondent.

Decided: August 16, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY and ROBERT W. SCHMIDT, JJ.

Charles L. Mester, New York, N.Y., for appellant. Seligson Rothman & Rothman, New York, N.Y. (Eric S. Levine of counsel), for respondent.

In an action, inter alia, to recover the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated June 24, 1998, which granted the motion of the defendant Patricia Alexander for summary judgment dismissing the complaint insofar as asserted against her.

ORDERED that the order is affirmed, with costs.

The plaintiff lacks standing to sue on behalf of the decedent's estate since she has not received letters of administration (see, EPTL 11-3.1, 1-2.13; Palladino v. Metropolitan Life Ins. Co., 188 A.D.2d 708, 590 N.Y.S.2d 601). Moreover, the plaintiff has failed to show that she has an actual legal stake in the matter being adjudicated (Society of Plastics Indus. v. County of Suffolk, 77 N.Y.2d 761, 772-773, 570 N.Y.S.2d 778, 573 N.E.2d 1034).

MEMORANDUM BY THE COURT.

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