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KAGAN v. AMERIPRISE FINANCIAL SERVICES, INC.

2018-15179. Index No. 51485/17.

191 A.D.3d 654 (2021)

141 N.Y.S.3d 478

2021 NY Slip Op 00551

Michelle Kagan, Respondent, v. Ameriprise Financial Services, Inc., et al., Appellants, and Valarie Kagan, Respondent.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Mansfield, Gautier & Rosenthal LLP, Red Hook, NY ( Lisa Rosenthal of counsel), for appellant-respondent.

Carlet, Garrison, Klein & Zaretsky, LLP, New York, NY ( Michael J. Zaretsky of counsel), for respondents-appellants.

Corbally, Gartland and Rappleyea LLP, Poughkeepsie, NY ( Alexandra C. Downey of counsel), for respondent.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, that branch of the cross motion of the defendants Ameriprise Financial Services, Inc., and RiverSource Life Insurance Company which was for an award of an attorney's fee is granted, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing to determine the amount of the attorney's fee to...

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