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BORCHARDT v. NEW YORK LIFE INS.

102 A.D.2d 465 (1984)

Randall Borchardt, Respondent, v. New York Life Insurance Company, Appellant

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

July 3, 1984

Attorney(s) appearing for the Case

P. Michael Madden of counsel (Robert A. Kirtland, attorney), for appellant.

Steve Kieselstein of counsel (Donald J. Cayea with him on the brief; Donald J. Cayea, P. C., attorney), for respondent.

MURPHY, P. J., ROSS, MILONAS and KASSAL, JJ., concur.

ALEXANDER, J.

On October 30, 1980, the defendant New York Life Insurance Company (New York Life) issued an insurance policy in the face amount of $25,000 insuring the life of Eugene DeRubini under which the plaintiff Randall Borchardt, a business partner of DeRubini, was named beneficiary. DeRubini died less than two months later, on December 10, 1980, as a result of a massive heart attack, complicated by a history of hypertension and diabetes. Borchardt...

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