JOHN QUEALY IRREVOCABLE LIFE INS. TRUST v. AXA EQUIT. LIFE INS. CO.

Index No. 654340/18, Appeal No. 16224, Case No. 2021-00565.

206 A.D.3d 580 (2022)

170 N.Y.S.3d 547

2022 NY Slip Op 04139

John Quealy Irrevocable Life Insurance Trust, by Israel Grossman, Successor Trustee, Appellant, v. AXA Equitable Life Insurance Company, Respondent.

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

Decided June 28, 2022.


Attorney(s) appearing for the Case

Boris Kogan & Associates, P.C., New York ( Boris Kogan of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.


Plaintiff trustee Israel Grossman's daughter, Esther Berkowitz (Berkowitz), was the trustee of the life-insurance-holding trust. The policy was issued by defendant on the life of John Quealy, a stranger to Berkowitz and her father. After the death of the insured, the trust submitted a claim on the policy to defendant, which defendant denied. Berkowitz commenced the prior action seeking payment of the death benefit, which she eventually discontinued with prejudice pursuant...

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