Opinion
701 CA 18–00550
07-31-2019
Thomas H. O'NEILL, Jr., Plaintiff–Appellant–Respondent, v. Rose R. O'NEILL, Defendant–Respondent–Appellant. (Appeal No. 2.)
LAW OFFICE OF RALPH C. LORIGO, WEST SENECA, JAMES P. RENDA, BUFFALO, FOR PLAINTIFF–APPELLANT–RESPONDENT. SCHOEMAN UPDIKE KAUFMAN & GERBER LLP, NEW YORK CITY (BETH L. KAUFMAN OF COUNSEL), AND KENNEY SHELTON LIPTAK & NOWAK LLP, BUFFALO, FOR DEFENDANT–RESPONDENT–APPELLANT.
LAW OFFICE OF RALPH C. LORIGO, WEST SENECA, JAMES P. RENDA, BUFFALO, FOR PLAINTIFF–APPELLANT–RESPONDENT.
SCHOEMAN UPDIKE KAUFMAN & GERBER LLP, NEW YORK CITY (BETH L. KAUFMAN OF COUNSEL), AND KENNEY SHELTON LIPTAK & NOWAK LLP, BUFFALO, FOR DEFENDANT–RESPONDENT–APPELLANT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed, the cross appeal is dismissed insofar as it concerns plaintiff's motion to change the beneficiary on the subject life insurance policy and the denial of relief pursuant to CPLR 5019(a), and the order is modified on the law by granting that part of defendant's application seeking to recover medical expenses in the amount of $5,412.01, plus 9% interest commencing August 1, 2016, and as modified the order is affirmed without costs.
Same memorandum as in O'Neill v. O'Neill ( [Appeal No. 4], 174 A.D.3d 1526, ––– N.Y.S.3d ––––, 2019 WL 3444842 [July 31, 2019] [4th Dept 2019] ).