Buchbinder Tunick & Co. v. Manhattan National Life Insurance

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 6, 1994, which denied plaintiffs motion for summary judgment declaring that the subject life insurance policy is in effect, and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny defendant’s motion for summary judgment and to remand for a hearing on whether plaintiff received defendant’s revocation letter dated September 17, 1993 before sending its premium check dated September 24, 1993, and otherwise affirmed, without costs or disbursements.

On…