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TRAVELERS INS v. SPADACCINI

95 Misc.2d 699 (1978)

Travelers Insurance Company, Plaintiff, v. Michael Spadaccini et al., Defendants.

Civil Court of the City of New York, Special Term, Queens County.

August 15, 1978

Attorney(s) appearing for the Case

McLaughlin, Simone & Lawlor for plaintiff. Mandel & Mandel for Michael Spadaccini and another, defendants. Karelson, Karelson, Lawrence & Nathan for Beatrice Andacht, defendant.

STEPHEN E. BURGIO, J.

This is a motion by plaintiff for a protective order vacating the levy upon the proceeds of a certain insurance policy insuring the life of William Andacht, deceased. Although the notice of motion recites that the motion is made pursuant to CPLR 5240, the instant application shall be treated as a proceeding to determine adverse claims pursuant to CPLR 5239 to vacate the execution and void the levy. (See CPLR 103, subd [c]; Matter...

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