ANONYMOUS v. ANONYMOUS

5112. 305863/14.

156 A.D.3d 412 (2017)

66 N.Y.S.3d 235

2017 NY Slip Op 08468

ANONYMOUS, Appellant, v. ANONYMOUS, Respondent.

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

Decided December 5, 2017.


The motion court properly determined that the wife was entitled to the insurance proceeds paid to the parties by joint check, notwithstanding that the claim was filed under a joint insurance policy. The proceeds were indisputably to compensate her for the loss of her separate property, as defined by the parties' prenuptial agreement. Contrary to the husband's contention, the wife was not judicially estopped from asserting a separate property claim on the insurance proceeds...

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