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MASON v. FIRST CENTRAL NATIONAL LIFE INSURANCE COMPANY OF NEW YORK

511853.

86 A.D.3d 854 (2011)

927 N.Y.S.2d 694

2011 NY Slip Op 6010

MICHELE MASON, as Administrator of the Estate of KEVIN DALE MASON, Deceased, Appellant, v. FIRST CENTRAL NATIONAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 21, 2011.

KAVANAGH, J.

Plaintiff commenced this action against defendant alleging that it breached the terms of a life insurance policy by refusing to pay benefits under the policy it issued to decedent prior to his death, and also sought punitive damages. Defendant moved to dismiss the complaint claiming that documentary evidence existed that established a defense to the claim as a matter of law (see CPLR 3211 [a] [1]) and on the ground that plaintiff failed to state...

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