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CICCONE v. HERSH

No. 06 Civ 1766.

530 F.Supp.2d 574 (2008)

Laurence CICCONE and Christine Ciccone, Plaintiff, v. Mitchell HERSH, The New England Life Insurance Company, Burns Financial Partners, Inc., d/b/a The Burns Agency, and Triad Financial, n/k/a American Portfolios Financial Services, Inc., Defendants.

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

January 8, 2008.

Attorney(s) appearing for the Case

Michael Howard Smith, Rosenberg Feldman Smith, LLP, New York City, for Plaintiff.

Daniel Glenn Ecker, Traub Lieberman Straus & Shrewsberry LLP, Hawthorne, NY, Andrew O. Bunn, Epstein, Mcdonald & McCarthy, Matthew Tracy, Winget, Spadafora & Schwartzberg, LLP, New York City, for Defendants.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiffs Laurence Ciccone ("Ciccone") and Christine Ciccone (collectively, "Plaintiffs") brought this action in New York State Supreme Court against defendants Mitchell Hersh ("Hersh"), New England Life Insurance Company ("New England"), and American Portfolios Financial Services, Inc. ("American Portfolios") (collectively, "Defendants"). Defendants removed the case to this Court on the basis

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