KEVEN DANOW AS TRUSTEE OF THE REBECCA HABER TESTAMENTARY GENERATION SKIPPING TRUST, plf-ap, v. NEW YORK LIFE INSURANCE COMPANY, DEFENDANT/COUNTERCLAIM PLAINTIFF, v. SUSANA N. BERNARDO, ETC., Counterclaim def-res, RONALD KRAKAUER Additional Counterclaim def

9087. KEVEN DANOW AS TRUSTEE OF THE REBECCA HABER TESTAMENTARY GENERATION SKIPPING TRUST, plf-ap, v. NEW YORK LIFE INSURANCE COMPANY, DEFENDANT/COUNTERCLAIM PLAINTIFF, v. SUSANA N. BERNARDO, ETC., Counterclaim def-res, RONALD KRAKAUER Additional Counterclaim def — Ezra Huber & Associates, P.C., Carle Place (Ezra Huber of counsel), for ap — Mahon, Mahon, Kerins & O'Brien, LLC, Garden City South (Robert P. O'Brien of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 20, 2011, which, to the extent appealed from, denied plaintiff's motion for summary judgment, unanimously reversed, on the law, with costs, and summary judgment is awarded to plaintiff.

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9087. KEVEN DANOW AS TRUSTEE OF THE REBECCA HABER TESTAMENTARY GENERATION SKIPPING TRUST, plf-ap, v. NEW YORK LIFE INSURANCE COMPANY, DEFENDANT/COUNTERCLAIM PLAINTIFF, v. SUSANA N. BERNARDO, ETC., Counterclaim def-res, RONALD KRAKAUER Additional Counterclaim def — Ezra Huber & Associates, P.C., Carle Place (Ezra Huber of counsel), for ap — Mahon, Mahon, Kerins & O’Brien, LLC, Garden City South (Robert P. O’Brien of counsel), for res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered September 20, 2011, which, to the extent appealed from, denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, with costs, and summary judgment is awarded to plaintiff.

In his capacity as duly appointed guardian of Allyn Haber, plaintiff trustee changed the beneficiary of the subject life insurance policy from Haber to the trust established by Haber’s mother for her benefit. Pursuant to his appointment as Haber’s guardian in a proceeding brought under Mental Hygiene Law §81.02 (see Index No. 10613 Queens Co. 2010), plaintiff was explicitly authorized to change the beneficiary of the life insurance policy, and the change was properly effected under the terms of the policy, McCarthy v. Aetna Life Ins. Co., 92 NY2d 436 [1998].

KEVEN DANOW AS TRUSTEE OF THE REBECCA HABER TESTAMENTARY GENERATION SKIPPING TRUST, plf-ap, v. NEW YORK LIFE INSURANCE COMPANY, DEFENDANT/COUNTERCLAIM PLAINTIFF, v. SUSANA N. BERNARDO, ETC., Counterclaim def-res, RONALD KRAKAUER Additional Counterclaim def

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