Legal Opinion

Augustine v. Szwed

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1980PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J. P.

The central issue on this appeal is the timeliness of plain*299tiff’s action seeking to impose a constructive trust on the proceeds of life insurance on her husband’s life which were received by defendant after his death (see, generally, Simonds v Simonds, 45 NY2d 233).

Plaintiff and Stephen Augustine, wed since 1939, separated in 1968. At that time they signed an agreement which provided: “insurance: The husband hereby agrees to maintain in full force and affect insurance policies on his life as listed below, and that husband hereby agrees that there shall be no…

2Cases cited18 opinions

  1. Sharp v. KosmalskiNew York Court of Appeals · 1976
  2. Simonds v. SimondsNew York Court of Appeals · 1978
  3. Scheuer v. ScheuerNew York Court of Appeals · 1955
  4. Weiss v. Mayflower Doughnut Corp.New York Court of Appeals · 1956
  5. Groesbeck v. . MorganNew York Court of Appeals · 1912

13 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Loengard v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
  2. United States v. Incorporated Village of Island ParkDistrict Court, E.D. New York · 1992
  3. Musso v. Tesmetges (In Re Tesmetges)District Court, E.D. New York · 1984
  4. Sitkowski v. PetzingAppellate Division of the Supreme Court of the State of New York · 1991
  5. Dolmetta v. Uintah National CorporationCourt of Appeals for the Second Circuit · 1983

35 more not listed; retrieve them via the Exa API.

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