Order unanimously reversed, on the law, with costs, and plaintiff's motion granted.
Memorandum:
Plaintiff appeals from a Special Term order which denied his motion for summary judgment and, although there was no cross motion, directed summary judgment in favor of defendant pursuant to CPLR 3212 (b) dismissing plaintiff's complaint. In 1974, plaintiff procured a disability benefits insurance policy from defendant Massachusetts Casualty Insurance Company (Mass...
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