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KROSKI v. LONG ISLAND SAVINGS BANK FSB

261 A.D.2d 136 (1999)

689 N.Y.S.2d 92

EILEEN KROSKI, Respondent, v. LONG ISLAND SAVINGS BANK FSB, Appellant, et al., Defendant.

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

Decided May 6, 1999.

In this action to recover $100,000 in survivor benefits pursuant to a Savings Bank Life Insurance Fund (SBLIF) Trustee Financial Institution Group Life Insurance Certificate issued to plaintiff's deceased husband by appellant Long Island Savings Bank, the IAS Court's denial of summary judgment was error.

Despite the court's finding that the evidence of a material representation was neither clear nor uncontradicted and that there was a factual issue as to whether the...

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