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DI FILIPPI v. EQUITABLE LIFE

61 A.D.2d 168 (1978)

Angelo Di Filippi et al., Respondents, v. Equitable Life Assurance Society of the United States, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1978

Attorney(s) appearing for the Case

Werner Weinstock (Michael W. Brody of counsel), for appellant.

John V. Salierno for respondents.

DAMIANI, J. P., and O'CONNOR, J., concur with SUOZZI, J.; HAWKINS, J., dissents and votes to reverse the judgment and direct that judgment be entered in favor of defendant, with an opinion.

SUOZZI, J.

In an action to recover the proceeds of a life insurance policy, defendant appeals from a judgment of the Supreme Court, Queens County, entered February 17, 1977, upon a jury verdict in favor of plaintiffs in the sum of $25,000, representing the proceeds of the policy. The judgment should be affirmed.

The decedent herein died on June 24, 1973. Plaintiff...

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