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WILLIAM OSTROWER, ET AL., APPELLANTS, v. METROPOLITAN LIFE INSURANCE COMPANY, ET AL., RESPONDENTS.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs' claim based on an alleged violation of General Business Law — 349 has yet to accrue, since the defendant Metropolitan Life Insurance Company has not demanded the payment of premiums after the date on which the premiums were allegedly to "vanish" (see, Gaidon v. Guardian Life Ins. Co. of Amer., 96 N.Y.2d 201).

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OSTROWER v. METROPOLITAN LIFE INS. CO
(Sep 17, 2001)