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FINKELSTEIN v. LINCOLN NATL. CORP.

2011-11295, (Index No. 5372/09)

107 A.D.3d 759 (2013)

967 N.Y.S.2d 733

2013 NY Slip Op 4308

HAROLD FINKELSTEIN et al., Appellants-Respondents, v. LINCOLN NATIONAL CORPORATION et al., Defendants, and LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK et al., Respondents-Appellants.

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

Decided June 12, 2013.

Ordered that the cross appeal is dismissed, as the respondents-appellants are not aggrieved by the portion of the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, and that branch of the plaintiffs' motion which was pursuant to CPLR 3025 (b) for leave to amend their complaint to assert a third cause of action so as to allege that the defendant...

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