Sidders v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Sidders v. John Hancock Mutual Life Insurance

62 A.D.2d 989, 403 N.Y.S.2d 317, 1978 N.Y. App. Div. LEXIS 11026

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

DecidedApril 3, 1978

StatusPublished

This text of 62 A.D.2d 989 (Sidders v. John Hancock Mutual Life Insurance) 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

Sidders v. John Hancock Mutual Life Insurance, 62 A.D.2d 989, 403 N.Y.S.2d 317, 1978 N.Y. App. Div. LEXIS 11026 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action to declare that the plaintiff, as named beneficiary, is entitled to receive certain pension death benefits accruing under (1) insurance policies issued by the defendant insurers and (2) a retirement plan issued by defendant Sperry Rand Corporation, plaintiff [990]*990appeals from a judgment of the Supreme Court, Suffolk County, entered January 17, 1977, which, after a nonjury trial, (1) declared that the individual defendant was entitled, as assignee, to all of the proceeds, (2) directed the corporate defendants to pay all sums owed into court and (3) directed the Suffolk County Treasurer to release all funds received and to be received to the individual defendant. Judgment affirmed, with costs. The decedent’s intent to make an assignment was supported by the oral testimony of the assignee and two witnesses, and by a writing signed by the decedent. Hence, the individual defendant is entitled to all of the pension benefits which the decedent intended her to have. Hopkins, J. P., Damiani, Rabin and Shapiro, JJ., concur.

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In an action to declare that the plaintiff, as named beneficiary, is entitled to receive certain pension death benefits accruing under (1) insurance policies issued by the defendant insurers and (2) a retirement plan issued by defendant Sperry Rand Corporation, plaintiff [990]*990appeals from a judgment of the Supreme Court, Suffolk County, entered January 17, 1977, which, after a nonjury trial, (1) declared that the individual defendant was entitled, as assignee, to all of the proceeds, (2) directed the corporate defendants to pay all sums owed into court and (3) directed the Suffolk County Treasurer to release all funds received and to be received to the individual defendant. Judgment affirmed, with costs. The decedent’s intent to make an assignment was supported by the oral testimony of the assignee and two witnesses, and by a writing signed by the decedent. Hence, the individual defendant is entitled to all of the pension benefits which the decedent intended her to have. Hopkins, J. P., Damiani, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

62 A.D.2d 989, 403 N.Y.S.2d 317, 1978 N.Y. App. Div. LEXIS 11026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidders-v-john-hancock-mutual-life-insurance-nyappdiv-1978.