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ROGERS v. ROGERS

63 N.Y.2d 582 (1984)

Andrea Rogers, Individually and as Administratrix of The Estate of Jerome C. Rogers, Deceased, et al., Appellants, v. Judith Rogers, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Nicholas J. Damadeo, Ira J. Raab and Deirdre A. Nicolle for appellants.

Larry Jay Kushner for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

KAYE, J.

In a separation agreement, the decedent promised his first wife to maintain his life insurance policy, which designated her and their children (plaintiffs in this action) as beneficiaries. He breached that agreement when he allowed the policy to lapse and obtained another policy naming a subsequent wife as beneficiary. We hold that under Simonds v Simonds (45 N.Y.2d 233

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