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RABOUIN v. METROPOLITAN LIFE INSURANCE COMPANY

307 A.D.2d 843 (2003)

763 N.Y.S.2d 576

JOYCE RABOUIN, Respondent-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant-Respondent.

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

Decided August 14, 2003.

Accepting plaintiff's factual allegations as true and resolving all inferences which reasonably flow therefrom in plaintiff's favor, as we must on this motion to dismiss pursuant to CPLR 3211 (a) (7) (see Cron v Hargro Fabrics, 91 N.Y.2d 362, 366 [1998]), we conclude, as did the motion court, that plaintiff, by alleging that defendant insurer's manipulation of its surplus resulted in an inequitable dividend allocation to participating...

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