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WEINRAUCH v. NEW YORK LIFE INS. CO.

Index No. 153127/12. Appeal No. 12823. Case No. 2019-05467.

190 A.D.3d 511 (2021)

135 N.Y.S.3d 814

2021 NY Slip Op 00138

William Weinrauch, Appellant, v. New York Life Insurance Company, Respondent.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

William Weinrauch, New York, appellant pro se.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New Jersey ( Louis P. DiGiaimo of the bar of State of New Jersey, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.

The court properly dismissed plaintiff's new claim in the amended complaint. Plaintiff's allegation that he did not file a timely claim for total disability coverage because of misinformation he received from a customer representative in 2002 is clearly contradicted by documentary evidence (see Skillgames, LLC v Brody, 1 A.D.3d 247, 250 [1st Dept 2003]). The evidence plaintiff submitted only shows that he allegedly learned he could...

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