Ashkin v. New York Life Insurance Company

Full title: MICHAEL ASHKIN et al., Respondents, v. NEW YORK LIFE INSURANCE COMPANY…

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

Date published: Dec 10, 1990

168 A.D.2d 475 (N.Y. App. Div. 1990)

562 N.Y.S.2d 715

Opinion

December 10, 1990

Appeal from the Supreme Court, Nassau County (Molloy, J.).

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Contrary to the plaintiffs' contention, the record reveals the existence of triable issues of fact warranting the denial of their renewed motion for partial summary judgment (see generally, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851; Zuckerman v. City of New York, 49 N.Y.2d 557). For example, a significant factual issue exists regarding whether the plaintiffs knew from the defendant's correspondence, and agreed, that a market-value adjustment would be applied to the plaintiffs' "Fixed Dollar Account Balance" in implementing the annuity plan involved herein.

We find that the parties' remaining contentions are either without merit or need not be addressed in light of the foregoing determination. Lawrence, J.P., Sullivan, Rosenblatt and Miller, JJ., concur.