AUGUSTINE v. SZWED


77 A.D.2d 298 (1980)

Florence Augustine, Respondent, v. Anna Szwed, Appellant

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

November 13, 1980


Attorney(s) appearing for the Case

Sargent, Scibetta & Repka, P. C. (Charles J. Scibetta of counsel), for appellant.

Herbert T. Cheiffetz (Robert V. Semon of counsel), for respondent.

HANCOCK, JR., CALLAHAN, DOERR and MOULE, JJ., concur.


SIMONS, J. P.

The central issue on this appeal is the timeliness of plaintiff's action seeking to impose a constructive trust on the proceeds of life insurance on her husband's life which were received by defendant after his death (see, generally, Simonds v Simonds, 45 N.Y.2d 233).

Plaintiff and Stephen Augustine, wed since 1939, separated in 1968. At that time...

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