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

2010-11032.

99 A.D.3d 879 (2012)

951 N.Y.S.2d 897

2012 NY Slip Op 6931

BRIAN NOCELLA, Appellant, v. FORT DEARBORN LIFE INSURANCE COMPANY OF NEW YORK et al., Defendants, and EMIGRANT MORTGAGE COMPANY, INC., Respondent.

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

October 17, 2012.

Ordered that the order is affirmed, with costs.

The facts of this case have been set forth in our decision and order in a companion appeal (see Nocella v Fort Dearborn Life Ins. Co. of N.Y., 99 A.D.3d 872 [2012] [decided herewith]). The defendant Emigrant Mortgage Company, Inc. (hereinafter Emigrant), established its prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue...

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