GOSHEN v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK


286 A.D.2d 229 (2001)

730 N.Y.S.2d 46

PAUL A. GOSHEN, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK et al., Respondents. SARA M. DeFILIPPO et al., Respondents, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellant, et al., Defendant.

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

Decided August 9, 2001.


This class action was brought by a number of purchasers of defendants' "vanishing premium" life insurance policies, alleging that defendants violated General Business Law § 349 (h) by marketing these policies based upon knowingly unrealistic dividend projections. This case was the companion appeal to Gaidon v Guardian Life Ins. Co. (94 N.Y.2d 330), and a detailed recitation of the facts is set forth in that decision. In Gaidon...

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