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John Christodoulides, M.D v. First Unum Life Insurance Company

June 15, 2012

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.

Christodoulides v First Unum Life Ins. Co.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 15, 2012

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND SCONIERS, JJ.

The judgment awarded plaintiff money damages against defendant Life Insurance Company of Boston and New York.

It is hereby ORDERED that the judgment so appealed from is unanimously vacated and the same order as in Christodoulides v First Unum Life Ins. Co. ([appeal No. 1] ___ AD3d ___ [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.

Same Memorandum as in Christodoulides v First Unum Life Ins. Co. ([appeal No. 1] ___ AD3d ___ [June 15, 2012]).

Entered: June 15, 2012

Frances E. Cafarell Clerk of the Court

20120615

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