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HARDY v. ROSE

60 A.D.3d 904 (2009)

876 N.Y.S.2d 118

THOMAS W. HARDY, Respondent-Appellant, v. ADAM R. ROSE, Appellant-Respondent.

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

Decided March 24, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, and the defendant's motion for summary judgment dismissing the second and third causes of action is granted; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The defendant voluntarily purchased and funded a certain annuity...

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