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JOHNSON v. METROPOLITAN LIFE INS. CO.

104080/06

24 Misc.3d 956 (2009)

880 N.Y.S.2d 842

JANET JOHNSON et al., Plaintiffs, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

Supreme Court, New York County.

Decided May 21, 2009.

Attorney(s) appearing for the Case

Smith Campbell, LLP, New York City (Thomas M. Campbell of counsel), for plaintiffs.

d'Arcambal Levine & Ousley LLP, New York City (Michelle J. d'Arcambal of counsel), for defendant.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this action to recover under two insurance policies, plaintiffs Janet Johnson and Albert Nicklas (Nicklas) move, pursuant to CPLR 3212, for summary judgment on the complaint, and for the dismissal of defendant's counterclaims. Defendant Metropolitan Life Insurance Company (MetLife) cross-moves for leave to amend its answer to include a claim under the New Jersey Insurance Fraud Prevention Act (FPA).

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