Weisman v. Mony Life Insurance Co.

2017 NY Slip Op 1321, 147 A.D.3d 596, 46 N.Y.S.3d 868

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 21, 2017
• Docket: 3166 111957/10
• Status: Published

Opinion

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 afl firmed, 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]).

Concur — Acosta, J.R, Renwick, Moskowitz, Fein-man and Gesmer, JJ.