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RUIZ v. FIRST INVS. LIFE INS. CO.

2021-00481 Index No. 6474/15.

222 A.D.3d 683 (2023)

200 N.Y.S.3d 463

2023 NY Slip Op 06269

Donna Ruiz, Individually and as the Administrator of the Estate of Anthony Ruiz, Deceased, Appellant, v. First Investors Life Insurance Company, Respondent.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Leo P. Davis, P.C., East Moriches, NY, for appellant.

Robinson & Cole LLP, New York, NY (Patrick W. Begos of counsel), for respondent.

Duffy, J.P., Ford, Dowling and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated May 15, 2020. The order, insofar as appealed from, granted those branches of the defendant's motion which were for summary judgment dismissing the cause of action to recover damages for breach of contract and on its counterclaim for a judgment declaring that the defendant properly rescinded the subject life...

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