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CSSEL BARE TRUST v. PHOENIX LIFE INSURANCE COMPANY

4123, 602934/08.

80 A.D.3d 536 (2011)

914 N.Y.S.2d 899

CSSEL BARE TRUST, Appellant, v. PHOENIX LIFE INSURANCE COMPANY, Respondent.

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

Decided January 27, 2011.

Inasmuch as the Court of Appeals issued a decision on November 17, 2010 answering the question certified to it by the Second Circuit in connection with the interlocutory appeal in the federal action (see Kramer v Phoenix Life Ins. Co., 15 N.Y.3d 539 [2010]), the issue whether the motion court improperly declined to lift the stay has been...

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