LINCOLN LIFE ANNUITY COMPANY OF NEW YORK PLAINTIFF RESPONDENT v. CAMI WITTMEYER ET AL DEFENDANTS MARIA BAUER LAWRENCE ADYMY JR DEFENDANTS APPELLANTS LINCOLN FINANCIAL ADVISORS CORPORATION AND LEE STADLER DEFENDANTS RESPONDENTS APPEAL NO (2022)

Supreme Court, Appellate Division, Fourth Department, New York.

LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK, PLAINTIFF-RESPONDENT, v. CAMI WITTMEYER, ET AL., DEFENDANTS, MARIA R. BAUER, LAWRENCE J. ADYMY, JR., DEFENDANTS-APPELLANTS, LINCOLN FINANCIAL ADVISORS CORPORATION AND LEE V. STADLER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

830 Decided: December 23, 2022

PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND WINSLOW, JJ.

THE TARANTINO LAW FIRM, LLP, BUFFALO (ANN M. CAMPBELL OF COUNSEL), FOR DEFENDANTS-APPELLANTS. BRADLEY ARANT BOULT CUMMINGS, LLP, CHARLOTTE, NORTH CAROLINA (C. BAILEY KING, JR., OF THE NORTH CAROLINA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND GOLDBERG SEGALLA LLP, BUFFALO, FOR PLAINTIFF-RESPONDENT AND DEFENDANTS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying that part of the motion of plaintiff and defendants Lee V. Stadler and Lincoln Financial Advisors Corporation with respect to the negligence counterclaim insofar as asserted by defendant Maria R. Bauer and reinstating that counterclaim to that extent, and as modified the order is affirmed without costs.

Same memorandum as in Lincoln Life & Annuity Co. of N.Y. v Wittmeyer ([appeal No. 1] — AD3d — [Dec. 23, 2022] [4th Dept 2022]).

Entered: December 23, 2022

Ann Dillon Flynn

Clerk of the Court

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