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WENDER v. GILBERG AGENCY

276 A.D.2d 311 (2000)

716 N.Y.S.2d 40

RICHARD WENDER, Appellant-Respondent, v. GILBERG AGENCY et al., Respondents-Appellants.

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

Decided October 12, 2000.

Plaintiff alleges that Balberg, an insurance agent working for The Gilberg Agency, solicited him to buy a disability insurance policy from Northwestern Mutual Life Insurance Co. Wender advised Balberg that he wanted disability insurance that would provide benefits if he were disabled as an ophthalmic surgeon even if he were not otherwise disabled as an ophthalmologist. Wender had obtained a disability policy from Mutual Benefit Life Insurance Co. on his own, but surrendered...

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