The parties dispute whether the decedent had the right to change the primary beneficiary of a life insurance policy. We find that it was error for the court to dismiss the complaint on documentary evidence pursuant to CPLR 3211 (a) (1) and (7) solely on the basis of the "Conditional Receipt" submitted by defendant, which concededly does not include the explicit reservation to change the beneficiary. However, a Conditional Receipt is only an interim policy provided during...
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