FILED: NEW YORK COUNTY CLERK 04/24/2015 03:49 PM INDEX NO. 154111/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/24/2015 SUPREME COURT OF THE STATE OF NEW YORK COI-INTY OF NEW YORK -----x TEDDY CHARLES, Plaintiff, Index No.: SUMMONS -against WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Defendant. --x Plaintiff designates New York County as the place for trial. The basis ofvenue: Plaintifß' residence To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintifîs attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York April 15,2015 Yours, etc., & KANUCK, LLP By:, ESQ. 450 Seventh Avenue, Suite 1400 New York, New York 10123 (212) 679-0400 Defendant's address William Penn Life Insurance Company of New York 100 Quentin Roosevelt Blvd, Garden City, New York 1 1530
SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF NEW YOR TEDDY CHARLES, -agarnst Plaintiff, Index No.: VERIFIED COMPLAINT WILLIAM PENN LIFE INSURANCE COMPANY OF NEV/ YORK, Defendant. Plaintiff, TEDDY CHARLES, by his attorneys, Miller Eisenman & Kanuck, LLP, as and for his verified complaint, sets forth and alleges as follows: 1. That at all times hereinafter mentioned, plaintiff, TEDDY CHARLES (hereinafter "CHARLES"), was and remains a resident of the state of New York, residing in the county of New York. 2. That upon information and belief, at all times hereinafter mentioned, defendant, WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK (hereinafter "WILLIAM PENN"), was and remains a corporation incorporated under and pursuant to the laws of the state of New York, with its principal place of business located at 100 Quentin RooseveltBlvd., P.O. Box 519, Garden City, New York. 3. That upon information and belief, at all times hereinafter mentioned, defendant, WILLIAM PENN, was authorized and licensed to issue life insurance policies in the state of New York. 4. That upon information and belief, defendant, WLLIAM PENN, had the legal authority and corporate capacity to enter into the life insurance contract set forth below.
5. That on April 29, 2072, plaintiff, CHARLES', wife, Yuna Park, executed an application for life insurance that had been prepared by defendant, WLLIAM PENN'S, agent. 6. That the life insurance application named Park's husband, plaintifï, CHARLES, as the sole beneficiary of the proceeds of the policy. 7. That on June 23,2012, Park executed an Amendment to Application, which became part of her application for life insurance. 8. That on or about June 23, 2072, defendant issued life insurance policy # 0000570194 to Yuna Park, deceased, and delivered same to Park for value. 9. That Park paid all of the premiums accruing upon the policy after it was issued and delivered. 10. That the policy was in full force and effect on July 26,2013, the date that Park passed away. 11. Thatonthedateof Park'sdeath, July26,20l3,Parkleftsurviving, interalia,her husband, CHARLES, the sole benef,rciary under the terms of the subject policy. 12. That at maturity, due notice of Park's death was provided to defendant, WILLIAM PENN, and demand for payment on behalf of CHARLES was made to defendant. 13. That defendant, WILLIAM PENN, has refused to pay plaintiff, CHARLES, the proceeds of the policy in the agreed and contracted amount of $1,500,000.00, although due and timely demand for same has been provided to defendant. 14. That by letter dated June 26, 2074, defendant, WLLIAM PENN, disclaimed coverage on the alleged grounds that Yuna Park, decedent, had provided material misrepresentations in her application for benefits.
15. That Yuna Park made no material misrepresentations in her application for life lnsurance. 16. That Plaintiff, CHARLES, has timely and fully complied with all of defendant's requests to process the claim for life insurance proceeds. 17. That if in fact any representation in Yuna Park's application for life insurance benefits were misrepresentations, they were not material and defendant, V/ILLIAM PE trn, would have issued the Policy in its current or similar form. 18. That based on defendant's breach of contract in its failure to pay the proceeds of the life insurance policy insuring the life of Yuna Park, plaintiff is entitled to damages in the amount of ONE MILLION FIVE HUNDRED THOUSAND ($1,500,000.00) DOLLARS, with interest thereon from July 26,2013. WHEREFORE, plaintiff, CHARLES, demands judgment against defendant, WILIAM PENN, in the sum of ONE MILLION AND FIVE HUNDRED THOUSAND ($1,500,000.00) DOLLARS, with interest thereon from July 26, 2013; together with costs and disbursements of this action. Dated: New York, New York April 15,2015 Y & KANUCK, LLP BY P. EISENMAN, ESQ s for Plaintiff 450 Seventh Ave, Suite 1400 New York, New York 10123 212-679-0400
INDIVIDUAL VERIFICATION State of New York ) )ss: County of New York ) TEDDY CHARLES, being duly sworn, states as follows I am the named plaintiff herein and have read the Verified Complaint. I know the contents therein to be true to my own knowledge, with the exception of those matters therein stated to be alleged upon information and belief, and as to matters I believe them to be true. TEDDY CHARLES S of 5 this day PUBLIC
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----x TEDDY CHARLES, Index No.: Plaintiff, -against WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Defendant. SUMMONS AND VERIF'IED COMPLAINT To Attorney(s) MILLER EISENMAN & KANUCK, LLP Attorneysþr Plaintif Oflice and Post Office Address, Telephone 450 Seventh Avenue, Suite 1400 NEW YORK, NEW YORK 10123 (212) 679-0400 (212) 679-1080 Service of a copy of the within is hereby admitted Dated, Attorney(s) for Please take notice NOTICE OF ENTRY that the with n is a (cerlitìed) true copy of an order duly entered in the o{fice ofthe clerk ofthe within named court on NOTICE OF SETTLEMENT that an order settlement to the HON. of the within named court, at on Dated, To Attorney(s) for of which the within is a true copy will be presented for one ofthe judges 2014 atm. Yours, etc. MILLER EISENMAN & KANUCK, LLP. A t torneys Jo r P lai ntiff O!/ìce and Post Of/ìce Address 450 Seventh Avenue, Suite 1400 NEW YORK, NEW YORK IOI23 P: (212) 679-rJ4UtJ l: ('21' ) 679-1080