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BRETTLER v. ALLIANZ LIFE INS.

No. 77.

40 N.Y.3d 450 (2023)

226 N.E.3d 885

203 N.Y.S.3d 518

2023 NY Slip Op 05958

HERMAN BRETTLER, Trustee of the ZUPNICK FAMILY, TRUST 2008 A, Appellant, v. ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, Respondent.

Court of Appeals of New York.

Decided November 20, 2023.

Attorney(s) appearing for the Case

Lipsius-Benhaim Law, LLP, Kew Gardens ( David Benhaim of counsel), for appellant.

Faegre Drinker Biddle & Reath LLP, Minneapolis, Minnesota ( Aaron D. Van Oort , admitted pro hac vice, of counsel), Philadelphia, Pennsylvania ( Katherine L. Villanueva of counsel), and Washington, D.C. ( Dawn B. Williams , admitted pro hac vice, of counsel), for respondent.

Sidley Austin LLP, New York City (Andrew R. Holland of counsel), and Chicago, Illinois (Eric S. Mattson, admitted pro hac vice, of counsel), for Life Insurance Council of New York, Inc. and another, amici 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...

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