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KANE v. UNION MUT. LIFE INS.

84 A.D.2d 148 (1981)

Louise Kane, Respondent-Appellant, v. Union Mutual Life Insurance Company, Respondent, and Daniel A. Kane et al., Appellants-Respondents

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

December 31, 1981

Attorney(s) appearing for the Case

Walsh & Levine (Paul Ambos of counsel), for appellants-respondents.

McLaughlin & Stern, Ballen & Miller (Stephen S. Bernstein, Sol I. Sokolsky and Irving W. Ballen of counsel), for respondent-appellant.

HOPKINS, J. P., LAZER and THOMPSON, JJ., concur; DAMIANI, J., dissents and votes to affirm the order insofar as appealed from, with an opinion.

Per Curiam.

In 1970 a group annuity contract plan was entered into by defendant Union Mutual Life Insurance Company (hereinafter Union Mutual) and Maimonides Medical Center as contract holder. On April 25, 1972 Union Mutual issued its certificate to Alan Kane, M.D., which named him as a participant in that group annuity plan and which contained the following designation of beneficiaries: "Wife, Mrs. June W. Kane,...

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