Cilente v. Phoenix Life Insurance

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered January 9, 2014, which, insofar as ap pealed from as limited by the briefs, denied plaintiffs’ motion for summary judgment on their claims alleging violations of Insurance Law §§ 2123 and 4226, granted so much of the cross motions of defendants Phoenix Life Insurance Company (Phoenix) and Winston Nesfield and Nesfield & Associates (collectively Nesfield) for summary judgment dismissing plaintiffs’ claims alleging fraud and fraudulent inducement, and denied so much of the cross motions of Nesfield and Phoenix for summary…