Huston v. NYSA-ILA Welfare Fund

Appellate Division of the Supreme Court of New York

Huston v. NYSA-ILA Welfare Fund

43 A.D.2d 590, 349 N.Y.S.2d 764, 1973 N.Y. App. Div. LEXIS 3073

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

DecidedNovember 26, 1973

StatusPublished

This text of 43 A.D.2d 590 (Huston v. NYSA-ILA Welfare Fund) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Huston v. NYSA-ILA Welfare Fund, 43 A.D.2d 590, 349 N.Y.S.2d 764, 1973 N.Y. App. Div. LEXIS 3073 (N.Y. Ct. App. 1973).

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Opinion

In an action to impress a trust upon a death benefit payable by the defendant NYSA-ILA Welfare Fund, plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 8, 1973, which inter alia (1) denied their motion to compel payment into court of the fund in question and (2) granted defendant Huston’s cross motion for summary judgment. Order modified by striking therefrom the second through fifth decretal paragraphs and by substituting therefor a provision denying defendant Huston’s cross motion. As so modified, order affirmed, with $20 costs and disbursements to appellants, and stay of the payment of said proceeds (in order to show cause on plaintiff’s motion) reinstated. In our view, an issue of fact exists as to whether the decedent, in designating defendant Huston as his death benefit beneficiary in 1963, after his abandonment of his family in 1961, acted with actual intent to defraud plaintiffs, who were his creditors under outstanding court orders of support (see Insurance Law, § 166, subd. 4; Poringer v. Brody, 13 A D 2d 567; Northeastern Life Ins. Co. of N. Y. v. Leach, 213 N. Y. S. 2d 357, 358). Under these circumstances, the granting of the cross motion for summary judgment was improper. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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In an action to impress a trust upon a death benefit payable by the defendant NYSA-ILA Welfare Fund, plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 8, 1973, which inter alia (1) denied their motion to compel payment into court of the fund in question and (2) granted defendant Huston’s cross motion for summary judgment. Order modified by striking therefrom the second through fifth decretal paragraphs and by substituting therefor a provision denying defendant Huston’s cross motion. As so modified, order affirmed, with $20 costs and disbursements to appellants, and stay of the payment of said proceeds (in order to show cause on plaintiff’s motion) reinstated. In our view, an issue of fact exists as to whether the decedent, in designating defendant Huston as his death benefit beneficiary in 1963, after his abandonment of his family in 1961, acted with actual intent to defraud plaintiffs, who were his creditors under outstanding court orders of support (see Insurance Law, § 166, subd. 4; Poringer v. Brody, 13 A D 2d 567; Northeastern Life Ins. Co. of N. Y. v. Leach, 213 N. Y. S. 2d 357, 358). Under these circumstances, the granting of the cross motion for summary judgment was improper. Munder, Acting P. J., Latham, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 590, 349 N.Y.S.2d 764, 1973 N.Y. App. Div. LEXIS 3073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huston-v-nysa-ila-welfare-fund-nyappdiv-1973.