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HOBISH v. AXA EQUIT. LIFE INS. CO.

Index No. 650315/17. Appeal No. 314. Case No. 2022-04046.

216 A.D.3d 567 (2023)

189 N.Y.S.3d 499

2023 NY Slip Op 02825

Richard Hobish, as Trustee of the Hobish Irrevocable Trust, et al., Appellants-Respondents, v. AXA Equitable Life Insurance Company, Respondent-Appellant.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Constantine Cannon LLP, New York ( Gary J. Malone of counsel), for appellants-respondents.

Krantz & Berman LLP, New York ( Larry H. Krantz of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Friedman, Gesmer, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about July 15, 2022, which denied plaintiffs' motion for summary judgment on the issue of liability on their breach of contract cause of action, denied defendant's motion for summary judgment dismissing the complaint against it, and granted defendant's motion for summary judgment to the extent of dismissing certain categories of damages sought by plaintiffs...

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