Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was to dismiss the first cause of action is granted, and the first cause of action is dismissed.
The plaintiff collected $2,000 a month in disability benefits from the defendant insurance company in excess of four years. On January 19, 1996, two of the defendant's agents visited the plaintiff at his home to discuss the company's suspicions...
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