Opinion
2012-06-15
John CHRISTODOULIDES, M.D., Plaintiff–Respondent, v. FIRST UNUM LIFE INSURANCE COMPANY, Defendant, and Life Insurance Company of Boston and New York, Defendant–Appellant. (Appeal No. 2.)
Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 17, 2011. The judgment awarded plaintiff money damages against defendant Life Insurance Company of Boston and New York. Phillips Lytle LLP, Buffalo (Paul K. Stecker of counsel), for defendant–appellant. Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Hugh C. Carlin of counsel), for plaintiff–respondent.
Appeal from a judgment of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 17, 2011. The judgment awarded plaintiff money damages against defendant Life Insurance Company of Boston and New York.
Phillips Lytle LLP, Buffalo (Paul K. Stecker of counsel), for defendant–appellant. Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (Hugh C. Carlin of counsel), for plaintiff–respondent.
Same Memorandum as in Christodoulides V. First Unum Life Ins. Co. [Appeal No. 1], 96 A.D.3d ––––, 946 N.Y.S.2d 773, 2012 WL 2164110 [June 15, 2012].
It is hereby ORDERED that the judgment so appealed from is unanimously vacated and the same order as in *528Christodoulides v. First Unum Life Ins. Co. [Appeal No. 1], 96 A.D.3d ––––, 946 N.Y.S.2d 773, 2012 WL 2164110 [June 15, 2012] is further modified on the law by denying that part of plaintiff's cross motion against defendant Life Insurance Company of Boston and New York, and by vacating the declaration and the award of damages against that defendant, and as further modified the order is affirmed without costs.