Grossman v. New York Life Insurance
Israel Grossman v. New York Life Insurance Company, (And a Third-Party Action.)
Full Opinion (html_with_citations)
The Supreme Court also properly granted that branch of the defendantās motion which was for summary judgment dismissing the complaint insofar as asserted by the plaintiff Raphael Grossman. The cause of action alleging a breach of an oral and implied contract is barred by the integration clauses in his written contracts with the defendant (see Gebbia v TorontoDominion Bank, 306 AD2d 37, 38 [2003]), and the existence of valid and enforceable written contracts precludes recovery
That branch of the plaintiffsā motion which was for leave to renew their opposition to the defendantās motion for summary judgment was properly denied, since the new facts offered on the motion would not have changed the prior determination (see CPLR 2221 [e] [2], [3]).
The Supreme Court providently exercised its discretion in imposing a sanction against Grossman (see 22 NYCRR 130-1.1 [a], [c]).
We decline the defendantās request for the imposition of sanctions against the plaintiffs, and the plaintiffsā request for the imposition of sanctions against the defendant, based upon allegedly frivolous conduct on this appeal (see 22 NYCRR 130-1.1 [a], [c]; Barns & Farms Realty, LLC v Novelli, 82 AD3d 689, 691 [2011]).
The plaintiffsā remaining contentions either are without merit or need not be addressed in light of our determination. Rivera, J.R, Balkin, Eng and Austin, JJ., concur.