Kitchen & Bath Creations, Ltd. v. Guardian Life Insurance Co. of America

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about July 7, 1995, which, insofar as appealed from, granted defendant’s motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The parties dispute whether the decedent had the right to change the primary beneficiary of a life insurance policy. We find that it was error for the court to dismiss the complaint on documentary evidence pursuant to CPLR 3211 (a) (1) and (7) solely on the basis of the “Conditional Receipt” submitted by defendant, which…