Roberts v. Borg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding, inter alia, to recover the proceeds of a life insurance policy, allegedly owing to the estate of Stephen M. Roberts, the petitioner appeals (1), as limited by her brief, from so much of an order of the Surrogate’s Court, Nassau County (Riordan, J.), dated May 28, 2004, as denied that branch of her motion which was for summary judgment on the breach of contract claim, and (2) from an order of the same court dated December 16, 2004 which granted the respondent’s motion for leave to amend his answer to add the defense of waiver.
Ordered that the order dated May 28, 2004 is…
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