CALDERONE v. WIEMEIER

508659.

77 A.D.3d 1232 (2010)

JOSEPH E. CALDERONE, Appellant, v. HAROLD L. WIEMEIER, JR., Respondent.

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

Decided October 28, 2010.


LAHTINEN, J.

In 2003, plaintiff converted two life insurance policies into a single policy that names him as the insured and the Joseph E. Calderone Family Trust as its beneficiary and owner. Approximately five years later, plaintiff commenced this action alleging, among other things, that the policy was underperforming and that defendant, an insurance agent, had fraudulently induced him into consenting to the conversion. As relevant here, defendant moved to dismiss...

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