The following excerpt is from Pelliccia v. Amalgamated Life Ins. Co., 2006 NY Slip Op 30801 (U) (N.Y. Sup. Ct. 2006):
Plaintiff contends that a constructive trust should be imposed on the insurance proceeds and the retirement and death benefits because the deceased's contractual obligations to her (and the children) under the divorce agreement are superior to the rights of the named beneficiaries who stand to receive benefits without any consideration. Simonds v. Simonds, 58 AD2d 305 aff'd 45 NY2d 233 (1978). She contends further that the deceased's mother and sister stand to be enriched unjustly, at the children's expense, and to their detriment since they will no longer be financially supported by their father. Simonds v. Simonds, supra.
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