SCHIANO v. FIRST UNUM LIFE INSURANCE COMPANY


41 A.D.3d 577 (2007)

838 N.Y.S.2d 588

VINCENT SCHIANO, Appellant, v. FIRST UNUM LIFE INSURANCE COMPANY et al., Respondents.

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

Decided June 12, 2007.


Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the plaintiff left his employment due to his planned retirement, as opposed to his hearing disability, and thus he was not totally disabled within the meaning of the subject policies (see Kunstenaar v Connecticut Gen. Life Ins. Co., 902 F.2d 181 [1990]; Voyatzis v New...

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