Hornak v. Hornak

OPINION OF THE COURT

Arthur D. Spatt, J.

In December, 1976, Rudolph Hornak, a New York Telephone Company employee for the previous 10 years, died. He is survived by his wife of seven years, Marianne (defendant *336herein), and by his father, John Hornak (plaintiff herein). By his death there became due $18,000 in proceeds from Metropolitan Life Insurance Group Policy No. 18007-G, as amended, which insurance coverage had been, since 1970, provided to the deceased as a fringe benefit requiring no contribution.

Plaintiff and defendant each claim that they are the sole beneficiaries of the life…