PIKE v. NEW YORK LIFE INSURANCE COMPANY

2008-11612.

72 A.D.3d 1043 (2010)

901 N.Y.S.2d 76

GARY M. PIKE et al., Respondents-Appellants, v. NEW YORK LIFE INSURANCE COMPANY et al., Appellants-Respondents, and ALFONSO MENESES et al., Respondents.

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

Decided April 27, 2010.


Ordered that the order and judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof denying that branch of the motion of the defendants New York Life Insurance Company and New York Life Annuity Corporation which was for leave to amend their answer to assert affirmative defenses based on, among other things, the applicable statutes of limitation and lack of standing, and substituting therefor a provision granting...

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