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WILLIAM PENN LIFE INS. CO. OF NEW YORK v. VISCUSO

No. 08 Civ. 1141 (WCC).

569 F.Supp.2d 355 (2008)

The WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Plaintiff, v. Kimbal VISCUSO, Charles M. Birns and Beth S. Martin-Birns, Defendants.

United States District Court, S.D. New York.

July 30, 2008.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, Robert D. Meade, Esq., of Counsel, White Plains, NY, for Plaintiff.

Connell Foley LLP, M. Trevor Lyons, Esq., of Counsel, Roseland, NJ, for Defendant Kimbal Viscuso.

Saretsky Katz Dranoff & Glass LLP, Robert B. Weissman, Esq., of Counsel, New York, NY, for Defendants Charles M. Birns and Beth S. Martin-Birns.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge:

Plaintiff William Penn Life Insurance Company of New York ("William Penn") brings this interpleader action to resolve competing claims to the proceeds of a life insurance policy. When issued, the policy named defendant Kimbal Viscuso as beneficiary. Defendants Charles M. Birns and Beth S. Martin-Birns (the "Birns defendants") claim that the insured's attorney-in-fact changed the beneficiary...

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