Legal Opinion
Fisher v. Metropolitan Life Insurance
New York Supreme Court
Decided August 22, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Herman Cahn, J.
Plaintiff, executor of the estate of Kevin McInerney, moves pursuant to CPLR 3212 for summary judgment in the amount of $87,574.33, on the ground that defendant has breached an annuity contract. Defendant insurance company cross-moves for similar relief.
Plaintiff’s decedent (McInerney) purchased an annuity contract from defendant insurance company (Metropolitan Life) on April 12, 1976. By the terms of said contract, McInerney made a single lump-sum payment of $123,084.21. He was to receive a monthly annuity of $1,145.48 for the duration of his life,…
2Cases cited6 opinions
- Weiss v. WeissNew York Court of Appeals · 1981
- Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
- Collard v. Incorporated Village of Flower HillNew York Court of Appeals · 1981
- American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
- Federal Deposit Insurance v. Herald Square Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1981
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3Cited by3 opinions
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- Taurone v. Presidential Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Ivaldi v. Metlife Investors InsuranceAppellate Division of the Supreme Court of the State of New York · 2010