Custer v. Metropolitan Life Insurance

This is a motion for summary-judgment, pursuant to CPLR 3212, declaring that plaintiff is entitled to one third of the proceeds of a life insurance policy issued by the Metropolitan Life Insurance Company (Metropolitan) under Group Contract No. 34 with Eastman Kodak Company (Kodak), the employer of the deceased insured Joseph E. Custer.

Plaintiff, an only brother of the deceased, commenced the action. Thereafter, the defendants impleaded Robert G. Custer, the deceased’s only son, Susanne Custer and “ Robert ” Custer (actually named Timothy Custer), the deceased’s infant grandchildren and only…