| Weisman v MONY Life Ins. Co. |
| 2017 NY Slip Op 01321 [147 AD3d 596] |
| February 21, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Benjamin Weisman, Appellant, v MONY Life Insurance Company et al., Respondents. |
Akiva Tessler, Staten Island, for appellant.
Rivkin Radler LLP, Uniondale (Cheryl F. Korman of counsel), for respondents.
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 affirmed, 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.P., Renwick, Moskowitz, Feinman and Gesmer, JJ. [Prior Case History: 2015 NY Slip Op 31613(U).]