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MEAGHER v. METRO.

119 Misc.2d 615 (1983)

Thomas J. Meagher, as Executor of Pearl A. Wheaton, Deceased, Plaintiff, v. Metropolitan Life Insurance Company et al., Defendants.

Supreme Court, Monroe County.

June 3, 1983

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Jeffrey R. Jones of counsel), for defendants. Greisberger, Zicari, McConville, Cooman & Morin, P. C. (Kevin S. Cooman of counsel), for plaintiff.

RICHARD D. ROSENBLOOM, J.

This is a motion by defendants to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 7).

The complaint alleges that defendant Polizzi represented to plaintiff's decedent, Pearl A. Wheaton, that the purchase of an immediate life annuity contract issued by defendant Metropolitan "would produce the largest return possible on her investment" and that it was "a suitable...

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