It is hereby ordered that the judgment so appealed from is unanimously vacated and the order entered November 1, 2011 is modified on the law by denying that part of plaintiff's cross motion against defendant First Unum Life Insurance Company, and by vacating the declaration and the award of damages against that defendant, and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that he is entitled...
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