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RELIASTAR INS. CO. v. LEOPOLD

192 Misc.2d 385 (2002)

745 N.Y.S.2d 810

RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK, Plaintiff, v. GUY LEOPOLD et al., Defendants.

Supreme Court, Nassau County.

February 5, 2002.

Attorney(s) appearing for the Case

Twomey, Hoope & Gallanty, LLP, New York City, for Medical Escrow Society, Inc., defendant.

Shaw, Licitra, Bohner, Esernio, Schwartz & Pfluger, P.C., Garden City, for Mutual Benefit Corporation and another, defendants.

Thomas R. Maher, New York City, for plaintiff.

Roosevelt, Benowich & Lewis, LLP, White Plains, for Guy Leopold, defendant.

OPINION OF THE COURT

LEONARD B. AUSTIN, J.

Defendants the Medical Escrow Society, Inc., Mutual Benefit Corporation and Anthony M. Livoti, Jr., move for an order dismissing the complaint pursuant to CPLR 3211 (a) (1), (2), (5), (7); 3016 (b) and Insurance Law § 3203 (a) (3). By cross motion, plaintiff Reliastar Insurance Company of New York (Reliastar) seeks an order, inter alia, "estopping" the defendants...

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