Kimberly Slomcenski v. Citibank, N.A.

BIRCH, Circuit Judge:

This appeal requires us to address, inter alia, whether a fact-based argument first made by plaintiff-appellant, Kimberly Slomcenski upon a motion for reconsideration of the district court’s order granting summary judgment in favor of defendantappellee Citibank, N.A. (“Citibank”) provides a basis for denial of summary judgment in favor of Citibank. The district court — after refusing to void a provision limiting long-term disability (“LTD”) benefits for conditions related to mental or nervous disorders, which Slomcenski had challenged pursuant to the Employee Retirement…