Mackenzie C. Monaco Wins Dispositive Motion in Interpleader Action
By: Carter Conboy
Carter Conboy successfully represented its client, a defendant in a CPLR §1006 interpleader action in Onondaga County Supreme Court.
In this action, the plaintiff insurer payed into court the proceeds of two insurance policies as a dispute arose over who the proper beneficiary was. Carter Conboy moved swiftly for a declaration that their client was the rightful beneficiary to both policies. The co-defendant argued entitlement to the proceeds of the policies based upon an alleged intent and course of conduct to change the beneficiary status. Carter Conboy argued that the co-defendant’s position was belied by the record evidence since there was no beneficiary change memorialized in writing pursuant to the policy terms and conditions.
The Motion was heard by the Hon. Deborah H. Karalunas, who held that the documentary evidence utterly refuted the allegations that the co-defendant became the beneficiary of the underlying policies and properly concluded that Carter Conboy’s client was the rightful beneficiary to both insurance policies.
In addition, Carter, Conboy successfully defended against the co-defendant’s motion to change venue based on an argument that “salient witnesses” were located in another county. Carter Conboy rebutted this argument and demonstrated that the co-defendant failed to meet her burden, since she principally relied upon the convenience of the parties, which is not a proper consideration pursuant to CPLR 510(3).
Mackenzie C. Monaco is a Director and Shareholder at Carter Conboy. She is a litigator representing individuals, businesses and professionals in the fields of personal and premises liability, professional liability, product liability, construction law, and environmental law. She has achieved successful results for her clients at the trial and appellate levels and has extensive experience in motion practice. Ms. Monaco is a cum laude graduate of St. Lawrence University and a summa cum laude graduate of Albany Law School. She is an appointed member of the Committee on Character and Fitness for the New York State Supreme Court for the Third Judicial District, is the Vice-President of the Capital District Trial Lawyers Association, and is a frequent speaker on topics related to the defense of civil litigation matters. She can be reached at email@example.com or 518.465.3484.
Carter Conboy is a Martindale-Hubbell AV® Preeminent™ peer rated full-service law firm committed to providing the highest quality legal representation to its clients. Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, New York, serving clients throughout New York, Massachusetts and Vermont. For additional information about the firm, visit www.carterconboy.com or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or firstname.lastname@example.org.