PHOENIX LIFE INS. CO. v. JACOB P. ILIT A

2018-08863. Index No. 7550/09.

177 A.D.3d 1008 (2019)

111 N.Y.S.3d 201

2019 NY Slip Op 08588

Phoenix Life Insurance Company, Respondent, v. Jacob P Ilit A et al., Defendants. Edward Pinkesz, Nonparty Appellant.

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

Decided November 27, 2019.


Ordered that the order is affirmed, with costs.

In April 2009, the plaintiff commenced this action against various trusts and trustees, as defendants, to rescind three life insurance policies and for a judgment declaring that the policies are null and void. In May 2018, nonparty Edward Pinkesz (hereinafter the appellant) moved pursuant to CPLR 1012(a)(3) for leave to intervene in the action as a defendant, asserting that he was the true owner of two of the subject...

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