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DeFELICE v. AMERICAN INTERN. LIFE ASSUR. CO. OF NY

No. 540, Docket 96-7512.

112 F.3d 61 (1997)

Susan DeFELICE, Plaintiff-Appellee, v. AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 21, 1997.

Attorney(s) appearing for the Case

Mark E. Schmidtke, Boca Raton, FL (Leonard A. Sheft, Edward Hayum, Howard K. Fishman, Sheft, Golub & Kamlet, New York City; Jaime Ruth Ebenstein, J.R. Ebenstein Consultants, Boca Raton, FL; Steven P. Del Mauro, Del Mauro & Associates, Morristown, NJ, of counsel), for Defendant-Appellant.

Norman A. Senior, New York City (Jeffery H. Sheetz, Gerard J. Costello, Greenfield Stein & Senior, L.L.P., of counsel), for Plaintiff-Appellee.

Before NEWMAN, Chief Judge, OAKES and WINTER, Circuit Judges.

OAKES, Senior Circuit Judge.

Appellant American International Life Assurance Company of New York ("American") appeals from a judgment entered April 3, 1996, after jury trial, in the United States District Court for the Southern District of New York, Allen G. Schwartz, Judge, in favor of Plaintiff-Appellee Susan DeFelice. Following the death of her husband, Kent DeFelice, Ms. DeFelice sued American under ERISA, 29 U.S.C. §§ 1001, et seq., asserting...

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