Deutsch v. Upper Level, Inc.

—Judgment, Supreme Court, New York County (Walter Schackman, J.), entered February 27, 1996, awarding plaintiff $150,000 plus interest, costs and disbursements, and bringing up for review an order of the same court and Justice entered January 23, 1996, which granted plaintiff’s motion for summary judgment, unanimously affirmed, with costs.

An assignee’s right to the proceeds of a life insurance policy are superior to those of its beneficiary (69 NY Jur 2d, Insurance, § 1032; Considine v Considine, 255 App Div 876). Since the subject life insurance policy, originally obtained to allow defendant…