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  5. 68 N.Y.2d 651 (1986)
 

CURLEY v. GILTROP

68 N.Y.2d 651 (1986)

Robert W. Curley, as Administrator of The Estate of James H. Curley, Deceased, Appellant, v. Arlene A. Giltrop, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1986.

Attorney(s) appearing for the Case

William L. Burke for appellant.

Edward J. Tyler for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order should be reversed, with costs, and the judgment of Supreme Court reinstated.

After a trial without a jury, Supreme Court awarded judgment in favor of the estate of James A. Curley against defendant, decedent's former wife, for sums paid to her as beneficiary under his retirement program and two life insurance policies. The Appellate Division, by a divided court, reversed on the law and the facts...

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