General
Benjamin Weisman, Appellant, v. MONY Life Insurance Company et al., Respondents
147 A.D.3d 59646 N.Y.S.3d 868·New York Supreme Court, Appellate Division·2017·NY
Concur — Acosta, J.R, Renwick, Moskowitz, Fein-man and Gesmer, JJ.
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Opinion
Benjamin Weisman, Appellant, v MONY Life Insurance Company et al., Respondents.
[46 NYS3d 868]
[MAJORITY]
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.