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ESTATE OF ANDRE JERVIS v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION

306 A.D.2d 123 (2003)

760 N.Y.S.2d 495

ESTATE OF ANDRE JERVIS, Deceased, et al., Appellants, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION et al., Respondents.

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

Decided June 17, 2003.

Plaintiff's decedent, Andre Jervis, was employed by the Medgar Evers College of CUNY from November 1989 until June 30, 1995. In November 1994, Mr. Jervis was diagnosed with head and neck cancer, for which he began immediate treatment, including surgery and radiation treatments. In June 1995, he applied to TIAA for total disability benefits, claiming that he had become unable to work as a result of his condition as of November 28, 1994. While he continued to report to work...

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