SILBER v. SILBER


99 N.Y.2d 395 (2003)

786 N.E.2d 1263

757 N.Y.S.2d 227

BARBARA K. SILBER, Individually and as Executrix of ROBERT SILBER, Deceased, Respondent, v. BARBARA A. SILBER, Appellant, et al., Defendants. JEFFREY SILBER et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided February 18, 2003.


Attorney(s) appearing for the Case

Turchin & Hoffman, P.C., New York City (Morton J. Turchin of counsel), for appellants.

Martin Nardi Gamliel, P.C., New York City (Martin Nardi Gamliel of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, WESLEY, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

CIPARICK, J.

In the 1960s, Dr. Robert Silber enrolled in two annuity pension plans with the Teachers Insurance and Annuity Association (TIAA) and the College Retirement Equities Fund (CREF). At the time of his enrollment, Silber designated his then-wife, defendant Barbara A. Silber, primary beneficiary of the TIAA-CREF plans, and his children contingent beneficiaries. Both plan contracts...

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