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ACQUISTA v. NY LIFE INS. CO.

285 A.D.2d 73 (2001)

730 N.Y.S.2d 272

ANGELO ACQUISTA, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Respondent, et al., Defendants.

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

July 5, 2001.

Attorney(s) appearing for the Case

Martin B. Adams of counsel (Glenn W. Dopf on the brief; Kopff, Nardelli & Dopf, L. L. P., attorneys), for appellant.

William J. Bradley, III, of counsel (James P. Chou, William B. Kerr, Jo Beth Eubanks and Pamela G. Matthews on the brief; Akin, Gump, Strauss, Hauer & Feld, L. L. P., attorneys), for respondent.

OPINION OF THE COURT

SAXE, J.

This appeal considers plaintiff's entitlement to insurance benefits under three disability insurance policies purchased through defendant insurance agents Jenny Kho and Helen Kho, and issued by defendant New York Life Insurance Company.

In November 1995, plaintiff, a physician with specialities in internal and pulmonary medicine, initially became ill. While an exact diagnosis...

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