KONE v. GARDEN STATE LIFE INS. CO.

101, 653082/11.

136 A.D.3d 422 (2016)

23 N.Y.S.3d 880

2016 NY Slip Op 00745

BILAL A. KONE, Respondent, v. GARDEN STATE LIFE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 4, 2016.


Order, Supreme Court, New York County (Ellen M. Coin, J.), entered December 18, 2014, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action alleging breach of contract and bad faith arising from defendant's failure to pay the proceeds of a life insurance policy, the record does not permit a determination as a matter of law that plaintiff failed to present defendant with due proof...

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