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NOCELLA v. FORT DEARBORN LIFE INS. CO. OF N.Y.

2010-06847.

99 A.D.3d 877 (2012)

955 N.Y.S.2d 70

2012 NY Slip Op 6930

BRIAN NOCELLA, Appellant, v. FORT DEARBORN LIFE INSURANCE COMPANY OF NEW YORK et al., Defendants, and UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK et al., Respondents.

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

October 17, 2012.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The facts of this case have been set forth in our decision and order on a companion appeal (see Nocella v Fort Dearborn Life Ins. Co. of N.Y., 99 A.D.3d 872 [2012] [decided herewith]). Contrary to the conclusion reached by the Supreme Court, the defendants Bankers American Life Assurance Company...

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