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FAVALE v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY

8 A.D.3d 333 (2004)

777 N.Y.S.2d 722

FRANK FAVALE et al., Appellants, v. COLUMBIAN MUTUAL LIFE INSURANCE COMPANY et al., Respondents.

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

June 7, 2004.

Ordered that the order is affirmed, with one bill of costs.

The plaintiffs sought to recover damages, inter alia, for breach of contract, breach of fiduciary duty, fraud, and violation of General Business Law § 349. However, each cause of action set forth in the amended verified complaint was asserted after the applicable statute of limitations, and is thus time-barred (see Gaidon v Guardian Life Ins. Co. of Am., 96 N.Y.2d 201

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