Carleton Studio, Ltd. v. Mony Life Insurance

— In an action to recover the proceeds of a life insurance policy, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 24, 2003, which granted the plaintiffs’ motion for summary judgment and denied its cross motion to dismiss the complaint on the ground that it is barred by the doctrine of laches.

Ordered that the order is affirmed, with costs.

Although the defendant correctly asserts that the doctrine of collateral estoppel is not applicable under the circumstances of this case (see Matter of Hunter, 6 AD3d 117, 121 [2004], affd 4 NY3d 260…