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FISHER v. METRO. LIFE

120 Misc.2d 635 (1983)

John A. Fisher, as Executor of Kevin McInerney, Deceased, Plaintiff, v. Metropolitan Life Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

August 22, 1983

Attorney(s) appearing for the Case

Fisher, Kelly, Farron, Salerno & Betlesky (John A. Fisher of counsel), for plaintiff. J. Austin Lyons, Jr., for defendant.

HERMAN CAHN, J.

Plaintiff, executor of the estate of Kevin McInerney, moves pursuant to CPLR 3212 for summary judgment in the amount of $87,574.33, on the ground that defendant has breached an annuity contract. Defendant insurance company cross-moves for similar relief.

Plaintiff's decedent (McInerney) purchased an annuity contract from defendant insurance company (Metropolitan Life) on April 12, 1976. By the terms of said contract, McInerney...

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