
    Edgar A. Levy Leasing Co., Inc., Plaintiff, v. Jacob Wishner and Others, Defendants.
    
    Supreme Court, New York County,
    April 10, 1933.
    
      
      Alfred C. Bennett [Edgar F. Sachs of counsel], for the plaintiff, for the motion.
    
      David Kachman, for defendant Jacob Wishner, opposed.
    
      
      See 147 Misc. 829.
    
   Frankenthaler, J.

The exemption provided for in section 55-a of the Insurance Law is expressly made inapplicable to a case of an assignment in fraud of creditors. Wittman v. Littlefield (142 Misc. 916; affd., 235 App. Div. 831) is distinguishable. The complaint in that case alleged an assignment in fraud of creditors. As a motion to dismiss defenses for insufficiency searches the record, the dismissal in that case of a number of the defenses indicates that the complaint was deemed sufficient notwithstanding the exemption authorized by section 55-a of the Insurance Law. All that was decided in the Wittman case was that disability payments are included within the term proceeds and avails ” of the policy. This is confirmed by the statement of the court at Special Term that the only issues before it were “ the validity of the assignment and the effect of section 55-a.” As the plaintiff, here, has established prima facie that the policy was assigned in fraud of creditors, this motion for a temporary injunction is granted. Settle order.  