Hota v. Camaj

In an action to recover the proceeds of a life insurance policy, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cowhey, J.), entered August 10, 2001, which granted the defendant’s motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court properly concluded that the complaint fails to state a cause of action to recover the insurance proceeds paid to the defendant. The gravamen of the complaint is that the…