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RUSSO v. MA. MUT LIFE INS CO.

192 Misc.2d 349 (2002)

746 N.Y.S.2d 380

MARIE E. RUSSO, on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. MASSACHUSETTS MUTUAL LIFE INSURANCE CO., Defendant.

Supreme Court, Tompkins County.

August 5, 2002.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach, New York City (Barry A. Weprin and Mark T. Millkey of counsel), for plaintiff.

Skadden, Arps, Slate, Meagher & Flom, New York City (Vaughn Williams, Stanley A. Chinitz and Elliott Rothstein of counsel), for defendant.

OPINION OF THE COURT

WALTER J. RELIHAN, JR., J.

The plaintiff moves again for class certification in this "vanishing premium" case. Plaintiff's earlier motion (Nov. 1998) was denied on the assumption, in part, that section 349 of the General Business Law simply restated the common law of fraudulent inducement which requires not only reliance upon a false or misleading representation, but also that the reliance...

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