Attorney(s) appearing for the Case
Bender, Crawford & Bender, LLP, Buffalo (Joanneke K.M. Brentjens of counsel), for appellant.
Rupp Baase Pfalzgraf Cunningham & Coppola LLC, Buffalo (James M. Appler III of counsel), for respondent.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
The principal issue presented in this appeal is whether the definition of "total disability" in a disability income policy is ambiguous and, if not, whether plaintiff satisfies the requirements of that definition. We conclude that the definition is not ambiguous and plaintiff failed to establish his entitlement to benefits under the policy as a matter of law.
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