FLEISCHMAN v. TRANSAMERICA CORP.

2015-05832. Index No. 5461/13.

151 A.D.3d 937 (2017)

55 N.Y.S.3d 447

2017 NY Slip Op 05068

JEROME FLEISCHMAN, as Executor of JEAN B. HUTSON, Deceased, Appellant, v. TRANSAMERICA CORPORATION et al., Respondents.

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

Decided June 21, 2017.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendants' motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the defendants' motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff's decedent, Jean B. Hutson, purchased a single premium deferred annuity from Presidential Life Insurance Company (hereinafter Presidential...

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