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FREEMAN v. MBL LIFE ASSUR. CORP.

No. 98 Civ. 8070(CM).

60 F.Supp.2d 259 (1999)

Dorothy FREEMAN, Plaintiff, v. MBL LIFE ASSURANCE CORPORATION, Defendant.

United States District Court, S.D. New York.

August 11, 1999.

Attorney(s) appearing for the Case

Peter D. Barlet, Warwick, NY, for Dorothy Freeman, plaintiff.

George Berger, Phillips Nizer Benjamin Krim & Ballon, New York City, for MBL Life Assurance, MBL Life Assurance Corporation, defendant.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

On April 26, 1957, Plaintiff, Dorothy Freeman, planning ahead for her retirement, purchased an annuity from Mutual Benefit Life Insurance Company ("Mutual"). She bought a similar one in 1967, and a third, policy number 65042, in 1971. The three annuities were designed...

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