Order insofar as appealed from unanimously reversed, without costs, and motion to dismiss fifth cause of action granted.
Memorandum:
On January 14, 1976 plaintiff fell from a loading dock at his place of employment. In March of 1976 he submitted a claim for benefits under two disability income insurance policies issued to him by defendant and for approximately eight months disability benefits were paid to him. The attending physician's statement of May, 1976...
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