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McGARR v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA

48 A.D.3d 363 (2008)

852 N.Y.S.2d 756

JOSEPH W. McGARR, as Executor of KATHLEEN M. MOONEY, Deceased, Appellant, v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA et al., Defendants, and JAMES V. DOWNING, Respondent.

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

Decided February 28, 2008.

Plaintiff has provided no reason to depart from our rulings on the prior appeal (19 A.D.3d 254 [2005]). Downing was not awarded summary judgment on the prior appeal due to his nonappearance for deposition and because, in light of his failure to remain in contact with counsel, the summary judgment motion made on his behalf could not have been authorized (id. at 257). These impediments have since been removed and while discovery, including...

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