LINCOLN LIFE & ANNUITY CO. OF N.Y. v. WITTMEYER

830 CA 22-00095.

211 A.D.3d 1570 (2022)

178 N.Y.S.3d 741

2022 NY Slip Op 07358

Lincoln Life & Annuity Company of New York, Respondent, v. Cami Wittmeyer et al., Defendants, Maria R. Bauer et al., Appellants, and Lincoln Financial Advisors Corporation et al., Respondents. (Appeal No. 2.).

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

Decided December 23, 2022.


Attorney(s) appearing for the Case

THE TARANTINO LAW FIRM, LLP, BUFFALO ( ANN M. CAMPBELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BRADLEY ARANT BOULT CUMMINGS, LLP, CHARLOTTE, NORTH CAROLINA ( C. BAILEY KING, JR. , OF THE NORTH CAROLINA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND GOLDBERG SEGALLA LLP, BUFFALO, FOR PLAINTIFF-RESPONDENT AND DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Winslow, JJ.


Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered January 13, 2022. The order granted the motion of plaintiff and defendants Lincoln Financial Advisors Corporation and Lee V. Stadler insofar as it sought summary judgment dismissing the counterclaims of defendants Marie R. Bauer and Lawrence J. Adymy, Jr., against plaintiff.

It is hereby ordered that the order so appealed from is...

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