Genworth Life Insurance Company of New York v. Dwaileebe et al

Filing 62

JUDGMENT that for the reasons stated in the March 20, 2017 Decision and Order, Judgment is entered in favor of defendant David J. Dwaileebe; and it is furtherORDERED, ADJUDGED AND DECREED that payment of the Death Benefit proceeds shall be made to th e Catholic Family Center as Guardian of the Property of David J. Dwaileebe, and that this payment shall be made by means of a separately-filed order; and it is further ORDERED, ADJUDGED AND DECREED that each and every one of the Defendants to this ac tion is restrained from instituting, prosecuting or maintaining, directly or indirectly, any claim or action of any type or kind against Genworth Life Insurance Company of New York, Inc., arising from, or relating in any matter to, the Annuities and the various Defendants respective claims for payment of some or all of the Annuities Death Benefit; and it is further ORDERED, ADJUDGED AND DECREED that this case is closed. Signed by Hon. Michael A. Telesca on 3/22/17. (Clerk to close case.)(JMC)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

GENWORTH LIFE INSURANCE COMPANY OF
NEW YORK,
Plaintiff,

JUDGMENT
No. 6:12-cv-06330-MAT

-vsGARY S. DWAILEEBE, DAVID J.
DWAILEEBE, LINDA A. VAN NESS, MARK
C. DWAILEEBE, JENNY S. TRAPANI,
JAMES A. DWAILEEBE, GEORGE N.
DWAILEEBE, LAURIE J. OVERMEYER,
MICHELE M. AZZI, MICHAEL G.
DWAILEEBE, THE ESTATE OF GERALDINE
H. DWAILEEBE, GEORGE N. DWAILEEBE,
in his capacity as an Executor of
the Estate of Geraldine H.
Dwaileebe; and MICHAEL G.
DWAILEEBE, in his capacity as an
Executor of the Estate of Geraldine
H. Dwaileebe,
Defendants.

Whereas the Court, having issued a Decision and Order on
March 20, 2017, granting defendant David J. Dwaileebe’s Motion for
Summary

Judgment

in

its

entirety

and

finding

that

David

J.

Dwaileebe, as Named Beneficiary under Individual Single Premium
Deferred Annuity Contracts (#431641842 and #431409864) issued by
Genworth Life Insurance Company of New York, Inc., is entitled to
receipt of 100% of the Death Benefit proceeds payable under these
Annuity Contracts, which are currently on deposit in the Court’s
Registry; it is

ORDERED, ADJUDGED AND DECREED that for the reasons stated in
the March 20, 2017 Decision and Order, Judgment is entered in favor
of defendant David J. Dwaileebe; and it is further
ORDERED, ADJUDGED AND DECREED that payment of the Death
Benefit proceeds shall be made to the Catholic Family Center as
Guardian of the Property of David J. Dwaileebe, and that this
payment shall be made by means of a separately-filed order; and it
is further
ORDERED, ADJUDGED AND DECREED that each and every one of the
Defendants

to

this

action

is

restrained

from

instituting,

prosecuting or maintaining, directly or indirectly, any claim or
action of any type or kind against Genworth Life Insurance Company
of New York, Inc., arising from, or relating in any matter to, the
Annuities and the various Defendants’ respective claims for payment
of some or all of the Annuities’ Death Benefit; and it is further
ORDERED, ADJUDGED AND DECREED that this case is closed.
ALL OF THE ABOVE IS SO ORDERED.

S/Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
DATED:

March 22, 2017
Rochester, New York

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