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RUSSO v. MASS. MUT. LIFE INS.

178 Misc.2d 772 (1998)

680 N.Y.S.2d 916

Marie E. Russo, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. Massachusetts Mutual Life Insurance Company, Defendant.

Supreme Court, Tompkins County.

November 9, 1998

Attorney(s) appearing for the Case

Bonnett Fairbourn Friedman & Balint, P. C., Phoenix, Arizona (Andrew S. Friedman of counsel), and Milberg Weiss Bershad Hynes & Lerach, L. L. P., New York City (Regina L. LaPolla of counsel), for plaintiff. Skadden Arps Slate Meagher & Flom. L. L. P., New York City (Stanley A. Chinitz and Vaughn C. Williams of counsel), for defendant.

WALTER J. RELIHAN, JR., J.

The plaintiff, Marie Russo, seeks to become the representative of a class which includes all who purchased a special category of whole life policies, described as N-Pay or Flex Pay contracts, between January 1, 1983 and December 31, 1996. The sales, plaintiff alleges, were induced by written illustrations which falsely represented that the premiums necessary to support the continuance...

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