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BALLOW v. LINCOLN FIN. CORP.

2014-01856, Index No. 45/12.

139 A.D.3d 988 (2016)

33 N.Y.S.3d 330

2016 NY Slip Op 04009

ANDREW N. BALLOW, Respondent, v. LINCOLN FINANCIAL CORP. et al., Defendants, and LUCY BALLOW, Appellant.

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

Decided May 25, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff and the defendant Lucy Ballow (hereinafter the defendant) are estranged spouses. In January 2012, the plaintiff commenced this action, inter alia, to recover damages for breach of contract, conversion, and fraud after the defendant allegedly terminated a joint annuity contract. The plaintiff alleges that the defendant unilaterally exercised...

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