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GUARDIAN LIFE INS. v. HANDEL

190 A.D.2d 57 (1993)

Guardian Life Insurance Company of America, Appellant-Respondent, v. Joel Handel, Individually and as Partner of Baer Marks & Upham, et al., Respondents-Appellants

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

April 27, 1993

Attorney(s) appearing for the Case

Robert D. Meade of counsel (Bleakley Platt & Schmidt, attorney), for appellant-respondent.

Thomas E. Albright of counsel (Baer Marks & Upham, attorneys), respondents-appellants pro se.

SULLIVAN, J. P., KUPFERMAN, KASSAL and RUBIN, JJ., concur.

WALLACH, J.

On October 30, 1977, in the early morning, Richard T. Blitz, a 42-year-old businessman from East Rockaway, New York, was found dead by members of his vacation party in the shallow end of a small resort hotel swimming pool in Acapulco, Mexico. Almost immediately a controversy developed with respect to the cause of that death. A physician and hotel guest from Buffalo, Dr. William McIntosh, examined...

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