Opinion
3166 111957/10
02-21-2017
Benjamin Weisman, Plaintiff-Appellant, v. MONY Life Insurance Company, etc., et al., Defendants-Respondents.
Akiva Tessler, Staten Island, for appellant. Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for respondents.
Akiva Tessler, Staten Island, for appellant.
Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for respondents.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered August 26, 2015 which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The record demonstrates conclusively that plaintiff never submitted a claim for total disability. His attending physicians certified to his partial disability only (see generally Anthony Marino Constr. Corp. v INA Underwriters Ins. Co. , 69 NY2d 798 [1987]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 21, 2017
CLERK