ROSE v. AMSOUTH BANK OF FLORIDA

No. 01-CV-5696(ADS)(WDW).

296 F.Supp.2d 383 (2003)

Mark S. ROSE and Fredric G. Rose, Plaintiffs, v. AMSOUTH BANK OF FLORIDA, Defendant.

United States District Court, E.D. New York.

December 13, 2003.


Attorney(s) appearing for the Case

The Law Office of William R. Garbarino, Esq. by William R. Garbarino, Esq. and Donald R. Hamill, Esq., Of Counsel, Sayville, NY, for Plaintiffs.

Silverman Perlstein & Acampora, LLP by Anthony C. Acampora, Esq., Robert J. Ansell, Esq., and Jay Hellman, Esq., Of Counsel, Jericho, NY, for Defendant AmSouth Bank.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case presents the interesting interplay of two assignments of the proceeds of a life insurance policy, eleven years apart, in which the two assignees have no knowledge of one another. To make this matter further intriguing, the life insurance company may have known of only one of the assignments, prior to the death of the beneficiary-assignor.

The plaintiffs Mark S. Rose and Fredric G....

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