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Holand v. Guardian Life Ins. Co. of Am.

No Special Relationship Via Friendship Between Parties, Motion to Dismiss Granted in Part

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 were read on this motion to/for              DISMISSAL. DECISION ORDER ON MOTION In this action, plaintiffs Candida Holand, Lee Ann Burke, and Tracy Scaplen, as Trustees of the Paul Holand 2011 Irrevocable Trust, allege that defendants The Guardian Life Insurance Company of America, Henry Schneider, and Forest Hills Financial Group, LLC improperly convinced them to change Paul Holand’s life insurance policy through Northwestern Mutual Life Insurance Company to a policy with The Guardian Life Insurance Company of America. Defendants move to dismiss the action in its entirety with prejudice on the grounds that it fails to state a claim upon which relief can be granted under CPLR 3211(a)(7) and/or is refuted by documentary evidence under CPLR 3211(a)(1). For the reasons below, the court grants the prong of defendants’ motion to dismiss the first, second, third, fourth, and fifth causes of action but denies the branch of the motion seeking to dismiss the sixth cause of action. Defendant Forest Hills Financial Group LLC (“Forest Hills”) is an independent wealth and risk management firm and agent of defendant Guardian Life Insurance Company of America (“Guardian”) (NYSCEF Doc. No. 1, complaint,

17-18). Defendant Henry Schneider (“Schneider”) is an agent, vice president, and financial advisor of Forest Hills and a financial representative of Guardian (id. 18). On May 17, 2011, Paul Holand created a trust, transferred various life insurance policies to the trust, and authorized plaintiffs “to own or acquire life insurance for the life of Paul Holand as part of the principal of the trust” (NYSCEF Doc. No. 1,

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