Order affirmed, with $20 costs and disbursements.
The allegations in the complaint and respondent's proof in opposition to the motion show the existence of a triable issue of fact as to the fraudulent intent of the insured in making the designation and assignment (Levine v. Grey, 271 App. Div. 891, 929, affd. 296 N.Y. 1018). The designation of others as beneficiaries of the proceeds prior to the designation of appellant is immaterial. The issue of actual fraud...
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