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HALBERSTAM v. U.S.

16585/2009.

36 Misc.3d 497 (2012)

945 N.Y.S.2d 513

2012 NY Slip Op 22126

MORDECHAI HALBERSTAM, as Trustee of the MN IRREVOCABLE LIFE INSURANCE TRUST, Plaintiff, v. THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Defendant. THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Third-Party Plaintiff, v. THE LEO F. GOODSTEIN FAMILY TRUST et al., Third-Party Defendants.

Supreme Court, Kings County.

May 9, 2012.

Attorney(s) appearing for the Case

Schindel, Farman, Lipsius, Gardner & Rabinovich, LLP, New York City ( David BenHaim of counsel), for plaintiff. Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Florham Park, New Jersey ( Robert P. Lesko of counsel), for defendant and third-party plaintiff. The Law Office of Sheldon Eisenberger, New York City, for Eliezen Mendelovitz, third-party defendant.

OPINION OF THE COURT

WAYNE P. SAITTA, J.

Plaintiff, Mordechai Halberstam, as trustee of the MN Irrevocable Life Insurance Trust (hereinafter plaintiff), moves this court for an order pursuant to CPLR 3212 for summary judgment against the defendant and granting further relief as this court deems just and proper.

Plaintiff's motion for summary judgment is granted for the reasons set forth below.

Facts

The Leo G. Family Trust purchased...

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