KORN v. FIRST UNUM LIFE INS, N.Y. App. Div., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Attorney(S)

Stillman Friedman, P.C., New York, N.Y. (Charles A. Stillman of counsel), for appellant-respondent. Evan L. Gordon, New York, N.Y., for respondent-appellant. Windels Marx Lane Mittendorf, LLP, New York, N.Y. (Thomas J. Mulligan of counsel), for respondent.

See more information ...

Smart Summary

Please sign up to generate summary.

JONATHAN A. KORN, ETC., APPELLANT-RESPONDENT, v. FIRST UNUM LIFE INSURANCE COMPANY, RESPONDENT-APPELLANT, EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, RESPONDENT.

DECISION ORDER

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

ORDERED that the order is affirmed; and it is further,

ORDERED that the respondent Equitable Life Assurance Society of the United States is awarded one bill of costs payable by the appellant-respondent.

The Supreme Court properly denied the motion of the defendant First UNUM Life Insurance Company for summary judgment dismissing the complaint insofar as asserted against it and the plaintiff's cross motion for summary judgment on the complaint. There are issues of fact as to whether the plaintiff's occupation was that of an orthopedic surgeon and whether he was "totally disabled" within the meaning of the disability income insurance policies (see, CPLR 3212[b]; Zuckerman v. City of New York, 49 N.Y.2d 557, 562; McGrail v. Equitable Life Assur. Socy., 292 N.Y. 419, 425; Godesky v. First UNUM Life Ins. Co., 239 A.D.2d 547).

The parties' remaining contentions are without merit.

KORN v. FIRST UNUM LIFE INS

JONATHAN A. KORN, ETC., APPELLANT-RESPONDENT, v. FIRST UNUM LIFE INSURANCE COMPANY, RESPONDENT-APPELLANT, EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, RESPONDENT.

Comments