Legawiec v. North American Company for Life & Health Insurance

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered March 1, 2006. The order granted defendant’s motion for summary judgment dismissing the amended complaint and denied plaintiffs cross motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying the motion *1185and reinstating the amended complaint and as modified the order is affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking to collect the proceeds of a life insurance policy issued to her husband (decedent)…