GREENBAUM v. PRUDENTIAL INS. CO. OF AM.


74 A.D.2d 757 (1980)

Dorothy Greenbaum, Appellant, v. Prudential Insurance Company of America, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1980


While we agree with Special Term's grant of summary judgment dismissing the causes of action seeking punitive damages, consequential damages and the present value of future benefits based on an anticipatory breach of the insurance contract, or, alternatively declaratory relief, an issue of fact is posed as to whether plaintiff is, pursuant to the policy, totally disabled from engaging "in any and every duty for which she is reasonably fitted by education, training, or experience...

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