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NOVICK v. BANKERS LIFE INS. CO. OF NEW YORK

No. CV 05-3085.

450 F.Supp.2d 196 (2006)

Etta NOVICK and Isaac Novick, individually and as Trustees of the Etta Novick, MD & Isaac Novick, MD, PC Employees' Pension Trust, Plaintiffs, v. BANKERS LIFE INSURANCE COMPANY OF NEW YORK, Kirsch Financial Services, Inc., Michael A. Kirsch, Eisner C.P.A., P.C., Leonard Eisner and Troy Eisner, Defendants.

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

August 21, 2006.

Attorney(s) appearing for the Case

Jonathan A. Stein, P.C., by Jonathan A. Stein, Esq., Cedarhurst, NY, for Plaintiffs.

Kirkpatrick & Lockhart Nicholson Graham LLP, by William O. Purcell and Michele A. Higgins, Esqs., New York, NY, for Defendant Bankers Life Insurance Company of New York.

Winget, Spadafora & Schwartzberg, LLP, by Dianna D. McCarthy, Esq., New York, NY, for Defendants Michael A Kirsch and Kirsch Financial Services, Inc.

Korn & Spirn, Esqs., by Jay H. Korn, Esq., Hempstead, NY, for Defendants Eisner C.P.A., P.C., Leonard Eisner, and Troy Eisner.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiffs Etta Novick and Isaac Novick, individually and as trustees of the Etta Novick & Isaac Novick, MD, PC Employee Pension Trust filed this action in Nassau County Supreme Court against three groups of defendants: (1) Bankers Life Insurance Company of New York ("Bankers Life"); (2) Kirsch Financial Services, Inc. and Michael Kirsch (collectively, "Kirsch"); and (3) Eisner C.P.A., P.C., Leonard...

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