Cosentino v. William Penn Life Insurance

—Mercure, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Coppola, J.), entered August 5, 1994 in Westchester County, which, inter alia, granted a motion by defendant Sol Weinberg for summary judgment dismissing the complaint against him.

Alleging the absence of an insurable interest in the owner, plaintiff, the surviving spouse and personal representative of Dominick Cosentino (hereinafter decedent), brought this action to recover the proceeds of a $500,000 insurance policy on decedent’s life issued by defendant…