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OSTROWER v. METROPOLITAN LIFE INSURANCE COMPANY

286 A.D.2d 720 (2001)

730 N.Y.S.2d 452

WILLIAM OSTROWER et al., Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 17, 2001.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs' claim based on an alleged violation of General Business Law § 349 has yet to accrue, since the defendant Metropolitan Life Insurance Company has not demanded the payment of premiums after the date on which the premiums were allegedly to "vanish" (see, Gaidon v Guardian Life Ins. Co., 96 N.Y.2d 201

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