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MENDELOVICI v. INTEGRITY LIFE

23 Misc.3d 671 (2009)

872 N.Y.S.2d 647

ADDA MENDELOVICI, Plaintiff, v. INTEGRITY LIFE INSURANCE COMPANY et al., Defendants. INTEGRITY LIFE INSURANCE COMPANY, Defendant and Interpleader Plaintiff, v. MORITZ MENDELOVICI, Individually and as Coexecutor of LIEB MENDELOVICI, Deceased, et al., Interpleader Defendants.

Supreme Court, Orange County.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Harwood Lloyd, LLC, New York City (Geoffrey D. Mueller of counsel), for Integrity Life Insurance Company, defendant and interpleader plaintiff.

Fabricant Lipman & Frishberg, PLLC, Goshen (Neal D. Frishberg of counsel), for Moritz Mendelovici and another, defendants and interpleader defendants.

Law Offices of Marc E. Bengualid, PLLC, White Plains (Marc E. Bengualid of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

In this interpleader action commenced by Integrity Life Insurance Company the court was asked to determine which of the competing claimants were entitled to the distribution of an annuity.

The court, after reviewing the submissions of the parties, the relevant statutes, case law and the annuity contract, determines that the parties must evenly share the annuity distribution and all accumulated interest...

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