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WINNE v. EQUITABLE LIFE ASSURANCE SOCIETY OF U.S.

No. 03 Civ.1689(GEL).

315 F.Supp.2d 404 (2003)

David WINNE, on behalf of himself and all others similarly situated, Plaintiff, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, AXA Financial, Inc., AXA Advisors, LLC and Equitable Variable Life Insurance Company, Defendants.

United States District Court, S.D. New York.

October 27, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Abraham and Lawrence D. Levit, Abraham & Associates, New York City, for Plaintiff.

Charles C. Platt, Wilmer, Cutler & Pickering, and Randall M. Fox, LeBoeuf, Lamb, Greene & MacRae, New York City, for Defendants.

OPINION AND ORDER

LYNCH, District Judge.

Plaintiff originally brought this action in the Supreme Court of the State of New York on or about February 11, 2003, on behalf of himself and a proposed class of individuals who were allegedly charged penalty fees for early withdrawal of funds from certain annuities issued by one or more defendants (collectively, "Equitable"), after having been induced by Equitable to switch from one Equitable annuity policy...

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