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BRENKUS v. METROPOLITAN LIFE INSURANCE COMPANY

309 A.D.2d 1260 (2003)

765 N.Y.S.2d 80

EMMA BRENKUS, Appellant-Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Respondents-Appellants.

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting those parts of defendants' motions with respect to the third cause of action, for negligence, and dismissing that cause of action and granting those parts of defendants' motions with respect to the second cause of action to the extent that it alleges the violation of Insurance Law §§ 2123 and 4226...

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