Smith v. Prudential Life Insurance of America

— In an action to recover the proceeds of an insurance policy, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Marbach, J.), dated January 7, 1988, as granted the defendants’ cross motion for summary judgment dismissing the complaint, and to vacate a temporary restraining order against the distribution of the policy proceeds to the defendants Delores and John Smith.

Ordered that the order is affirmed insofar as appeal from, with one bill of costs.

The decedent Melvin Smith was insured under the Servicemen’s Group Life Insurance Act (38 USC § 770…