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VERYZER v. AMERICAN INTERN. LIFE ASSUR. CO.

No. 09 Civ. 8229(RMB).

765 F.Supp.2d 422 (2011)

Robert VERYZER, Ph.D., Plaintiff, v. AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK, et al., Defendants.

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

February 4, 2011.

Attorney(s) appearing for the Case

Alan Carl Milstein , Jeffrey P. Resnick , Leily Schoenhaus , Sherman Silverstein Kohl Rose & Podolsky, Pennsauken, MA, for Plaintiff.

Robert P. Lesko , Wilson Elser Moskowitz Edelman & Dicker LLP, Newark, NJ, for Defendants.

DECISION & ORDER

RICHARD M. BERMAN, District Judge.

I. Introduction

On September 28, 2009, Robert Veryzer, Ph.D. ("Plaintiff"), filed a complaint ("Complaint") against American International Life Assurance Company of New York ("AI Life" or "Defendant") pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. ("ERISA"), seeking a declaration that AI Life erroneously denied Plaintiffs...

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