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SCHMITT v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE OF NEW YORK

30 A.D.3d 1007 (2006)

817 N.Y.S.2d 462

MICHAEL J. SCHMITT et al., Appellants-Respondents, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE OF NEW YORK, Respondent-Appellant. (Action No. 1.) MICHAEL R. DOMENICO et al., as Assignees and Subrogees of KAREN DUNNING DOMENICO, Appellants-Respondents, v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE OF NEW YORK, Respondent-Appellant. (Action No. 2.)

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

June 9, 2006.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motions and dismissing the complaints and as modified the order is affirmed without costs.

Memorandum:

The plaintiffs in action Nos. 1 and 2 commenced their respective actions to collect benefits under policies of life insurance issued by defendant to Robert Domenico (decedent). Two of the policies are at issue in action No....

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