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NEW YORK LIFE INS. & ANNUITY CORP. v. WEI PING LIN

8489, 106297/09.

100 A.D.3d 455 (2012)

953 N.Y.S.2d 501

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Respondent, v. WEI PING LIN, Respondent, and ZHONGHUI CHEN, Appellant.

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

November 13, 2012.

Plaintiff and Lin made a prima facie showing that Chen was competent and unaffected by undue influence when he executed a change of beneficiary form for the life insurance policy. In opposition, Chen failed to raise triable issues of fact as to his mental capacity or the existence of a fiduciary or confidential relationship between him and plaintiff (see Kramer v Danalis, 66 A.D.3d 539, 539-540 [1st Dept 2009]). Plaintiff's medical...

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