1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 40 N.Y.3d
  5. 40 N.Y.3d 349 (2023)
 

NITKEWICZ v. LINCOLN ANNUITY

No. 59.

40 N.Y.3d 349 (2023)

222 N.E.3d 27

198 N.Y.S.3d 661

2023 NY Slip Op 05302

ANDREW NITKEWICZ, as Trustee of the JOAN C. LUPE FAMILY TRUST and On Behalf of Himself and All Others Similarly Situated, Appellant, v. LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK, Respondent.

Court of Appeals of New York.

Decided October 19, 2023.

Attorney(s) appearing for the Case

Susman Godfrey L.L.P., New York City ( Seth Ard and Alexander P. Frawley of counsel), for appellant.

Boies Schiller Flexner LLP, New York City ( John F. LaSalle and Alan B. Vickery of counsel), for respondent.

Alston & Bird LLP, New York City ( Reade W. Seligmann of counsel), for American Council of Life Insurers, amicus curiae.

OPINION OF THE COURT

PROCEEDING, pursuant to NY Constitution, article VI, § 3(b)(9) and Rules of the Court of Appeals (22 NYCRR) § 500.27, to review a question certified to the New York State Court of Appeals by the United States Court of Appeals for the Second Circuit. The following question was certified by the United...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases