Cicchetti v Metropolitan Life Ins. Co.

Annotate this Case

Download PDF

Cicchetti v Metropolitan Life Ins. Co. 2022 NY Slip Op 32669(U) August 5, 2022 Supreme Court, New York County Docket Number: Index No. 652467/2020 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: PART HON. DEBRA JAMES 59 Justice ----------------------------------------------------------------- ----------------X 652467/2020 INDEX NO. ANTHONY CICCHETTI, KIM CATALFAMO, LOUIS CICCHETTI, and PAUL CICCHETTI, 07/13/2022 MOTION DATE MOTION SEQ. NO. Plaintiffs, - V - 001 ORDER -AMENDED RESETTLED (MOTION RELATED) METROPOLITAN LIFE INSURANCE COMPANY, Defendant. ------------------------------------------------------------------- --------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,25,26,27,28,29, 30, 31,32, 33, 34, 35, 36,37,38, 39,40,41,42,44, 45,46,47,48,49 were read on this motion to/for DISMISSAL ORDER ORDERED that the Order of August 5, sequence number 001 in this action is 2022 determining motion VACATED, RESETTLED AND CORRECTED, pursuant to CPLR § 5019(a) as follows: Upon the foregoing documents, it is ORDRED that motion of defendant Metropolitan Life Insurance Company (MetLife) to dismiss the verified complaint of Anthony P. Cicchetti, Kim H. Catalfamo, Louis Cicchetti and Paul Cicchetti (the "Plaintiffs") against it is granted; and such complaint is hereby dismissed; and it is further ORDERED that motion of MetLife to dismiss the third party counterclaim of Emil Cicchetti (the ''Third-Party Defendant") as 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 1] 1 of 6 Page 1 of 6 INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 against it is granted, and such third party counterclaim is hereby dismissed; and it is further ORDERED that on motion of the court, Counterclaims Document and Numbers "Third 3 and Party 8) Complaint" are hereby Cicchetti (NYSCEF Document Counterclaims of Anthony P. MetLife an (NYSCEF Interpleader "Third Party" Defendant Number Cicchetti, of deemed Complaint; and the "Third Party" Answer of Emil the Verified Answers, 5) and Kim H. the Reply Catalfamo, to Louis Cicchetti and Paul Cicchetti (NYSCEF Document Number 7), are hereby deemed Answers to the Interpleader Complaint and Cross Claims against Co-Defendant Emil Cicchetti; and the Verified Answer and Cross-Complaint of Emil Cicchetti (NYSCEF Document Number 6) is hereby deemed an Answer and Cross Claims against Co-Defendants Anthony P. Cicchetti, Kim H. Catalfamo, Louis Cicchetti and Paul Cicchetti; and Defendants Emil Cicchetti, Anthony P. Cicchetti, Kim H. Catalfamo, Louis Cicchetti and Paul Cicchetti are deemed to be Defendants and Cross Claimants, and such Defendants and Cross Claimants are compelled to litigate, adjust and/or settle among each other their respective and lawful entitlement to the life insurance benefits arising under and pursuant to the Annuity on account of the Decedent's death; and it is further ORDERED that the cross motion of Defendant Emil Cicchetti for partial summary judgment that declares and distributes to 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 2] 2 of 6 Page 2 of 6 INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 the Interpleader Defendants the portion of the death benefit that is allegedly uncontested is denied; and it is further ORDERED that Interpleader Plaintiff MetLife is permitted to deposit the death benefit payable under the variable annuity contract issued by MetLife to Helen R. Cicchetti (the "Decedent"), bearing Annuity number 07832361 AB for the contract date of April 6, 2001 (the "Annuity"), with the Clerk of the Court, New York City Department of Finance, Treasury Di vision, Client Services, located at 1 Centre Street, Room 2200, New York, New York 10007, where such funds shall remain pending receipt of a certified copy of a further Order or Orders of the Court, accompanied by a Certificate of Deposit duly issued by the Department of Finance upon the deposit with the court of funds by Interpleader Plaintiff MetLife, and any other forms required by the Department (http://www.nyc.gov), to turn over to such Interpleader Plaintiff, or any other party or Department, parties, the funds as reflected in the Certificate, deposited with that less the fee of the Department; and it is further ORDERED and ADJUDGED that Interpleader Plaintiff MetLife's application for reasonable attorney's fees, costs and disbursements incurred in its defense of this action, and the proportion or percentage of such attorney's fees, costs and disbursements to be assessed against defendants Anthony P. Cicchetti, Kim H. Catalfamo, Louis Cicchetti, Paul Cicchetti, 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 3] 3 of 6 Page 3 of 6 INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 and Emil Cicchetti, respectively, pursuant to CPLR § 1006 is granted, and such application is severed, and referred for determination to a Special Referee pursuant to CPLR 4311; and it is further ORDERED that within sixty (60) days from service of this Order with Notice of Entry, MetLife shall cause a copy of this order with proof of service thereof, to be filed with the Special Referee clerk (Room 119M, 646-386-3028 or spref@courts.state.ny.us) to arrange a date for a reference to determine pursuant to CPLR 4317 (b); and it is further ORDERED and ADJUDGED that pursuant to CPLR § 4319 the Clerk is directed to enter judgment in favor of Interpleader Plaintiff MetLife and in the amount and in the proportion or percentages determined against Defendants Anthony P. Cicchetti, Kim H. Catalfamo, Louis Cicchetti, Paul Cicchetti, and Emil Cicchetti, respectively, in accordance with the report of the aforementioned Special Referee without any further application, unless, within thirty days of such report, MetLife seeks a further Order to withdraw the amount of the attorney's fees, costs and disbursements assessed from the funds deposited with the Department; and it is further ORDERED that upon the issuance of the report of such assessment of reasonable attorney's fees, costs and disbursements, Interpleader Plaintiff MetLife shall be 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 4] 4 of 6 wholly and completely Page 4 of 6 INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 discharged and absolved from any further liability, of whatsoever nature, to each of the parties hereto and to any other claimant to the death benefit arising under and pursuant to the Annuity, account of the Decedent's death, and shall be discharged on and dismissed with prejudice from this case; and it is further ORDERED that counsel for the Defendants shall post on NYSCEF a preliminary discovery conference order or competing preliminary discovery conference order(s) 29, 2022, at least two days before September on which date counsel shall appear via NYSCEF, unless such appearance be waived by the court; and it is further ORDERED that a copy of this Order with Notice of Entry shall be served upon all parties within seven ( 7) days of receipt thereof. DECISION Defendant Metropolitan Life Insurance Company (MetLife) is correct that "[Defendant] [is] a neutral stakeholder and was prompted to commence the interpleader action only after the parties failed to reach an agreement, despite [defendant's] efforts toward that end. Accordingly, the matter is remanded for a hearing to determine, based upon all of the relevant facts and circumstances, [defendant's] reasonable attorneys' fees during the interpleader portion of the action and for a determination respecting how the costs should be divided between the competing defendants". New York Life Ins Co v Lowy, 40 AD3d 295, 297 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 5] 5 of 6 (1 st Dept 2007). Page 5 of 6 INDEX NO. 652467/2020 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 08/05/2022 With respect to the cross motion for partial summary judgment of defendant Emil Cicchetti, the cross claims of the co-defendants asserting fraud and associated damages against such cross movant raise an issue of fact with respect to the change of beneficiary designation that implicates credibility, which must be resolved at trial. See Sieburt v Kanter, 28 AD2d 670, 671 (1 st Dept 1967) . .v-~ JI-}~ 20220805163853DJAMES0D961AEC7M94C3381BD42883D437283 8/5/2022 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: DEBRA JAMES, J.S.C. ~ CASE DISPOSED GRANTED • DENIED SETTLE ORDER INCLUDES TRANSFER/REASSIGN ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 652467/2020 CICCHETTI, ANTHONY P vs. METROPOLITAN LIFE INSURANCE Motion No. 001 [* 6] 6 of 6 • 0 OTHER REFERENCE Page 6 of 6

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.