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LOPRESTI v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

30 A.D.3d 474 (2006)

820 N.Y.S.2d 275

CARMINE A. LOPRESTI, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY et al., Respondents, et al., Defendant.

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

June 13, 2006.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly granted the respondents' respective motions, inter alia, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them. Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez,

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