WEISMAN v. MONY LIFE INS. CO.

NO. 111957/10, 3166

147 A.D.3d 596 (2017)

46 N.Y.S.3d 868

2017 NY Slip Op 01321

BENJAMIN WEISMAN, Appellant, v. MONY LIFE INSURANCE COMPANY et al., Respondents.

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

Decided February 21, 2017.


Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered August 26, 2015 which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

[Prior Case History: 2015 NY Slip Op 31613(U).]

The record demonstrates conclusively that plaintiff never submitted a claim for total disability. His attending physicians certified to his partial disability only (see generally Anthony Marino...

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