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LINCOLN LIFE & ANNUITY CO. OF N.Y. v. WITTMEYER

829 CA 21-00521.

211 A.D.3d 1564 (2022)

182 N.Y.S.3d 421

2022 NY Slip Op 07357

Lincoln Life & Annuity Company of New York, Plaintiff, v. Cami Wittmeyer et al., Respondents, and Maria R. Bauer et al., Appellants, et al., Defendants. (Appeal No. 1.).

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2022.

Attorney(s) appearing for the Case

THE TARANTINO LAW FIRM, LLP, BUFFALO (ANN M. CAMPBELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO (ELIZABETH A. KRAENGEL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

BRADLEY ARANT BOULT CUMMINGS, LLP, CHARLOTTE, NORTH CAROLINA (C. BAILEY KING, JR., OF THE NORTH CAROLINA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND GOLDBERG SEGALLA LLP, BUFFALO, FOR PLAINTIFF.

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Winslow, JJ.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 6, 2021. The order and judgment, inter alia, granted the motion of defendants Cami Wittmeyer, Cathy Decker and George W. Burnett, Inc., for leave to reargue and, upon reargument, granted the motion of those defendants for summary judgment.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying...

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