LANGE v. KOOPER


28 A.D.3d 240 (2006)

813 N.Y.S.2d 381

ELIZABETH S. LANGE, Individually and as Parent and Natural Guardian of GUS LANGE and Another, Infants, et al., Appellants, v. MICHAEL KOOPER, Respondent. ELIZABETH S. LANGE, Individually and as Parent and Natural Guardian of GUS LANGE and Another, Infants, et al., Appellants-Respondents, v. MICHAEL KOOPER, Respondent-Appellant.

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

April 6, 2006.


The action was properly dismissed upon documentary evidence establishing that the grantor, as assignee of his former employer's right, title and interest in the life insurance policy constituting the only significant asset of the subject trust, was, upon termination of his employment, contractually entitled to the policy's cash surrender proceeds in an amount equal to the aggregate of the premiums paid by the employer. Notwithstanding this contractual obligation owed by the...

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