Legal Opinion

Levenherz v. Povinelli

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 2005PublishedCited by 3 opinions

1Opinion of the Court

In an action, inter alia, to rescind an annuity contract and to recover damages for fraud, the plaintiff Robin Levenherz, individually and as trustee of the Robin Bett Levenherz Irrevocable Trust, appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), entered July 25, 2003, as granted those branches of the motion of the defendant American Skandia Life Assurance Corporation pursuant to CPLR 3211 (a) (1) and (7) which were to dismiss the sixth and seventh causes of action asserted against it.

Ordered that the order is reversed insofar as…

2Cases cited4 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. CPC International Inc. v. McKessonNew York Court of Appeals · 1987
  4. Brenkus v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Washington Mutual Bank, F.A. v. SIB Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Paino v. Kaieyes Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. Paino v. Kaieyes Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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