The first and second causes of action for breach of contract and breach of the covenant of good faith and fair dealing are duplicative ( see, New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 319-320), and were properly dismissed for failure to allege any policy provision that defendant failed to perform, or defendants awareness of the falsity of the independent medical examinations that were being supplied to it by a nonparty ( see, Pernet v. Peabody Eng'g Corp., 20 A.D.2d 781). Plaintiffs' third cause of action for violation of General Business Law § 349 Gen. Bus. is also deficient for failure to allege materially deceptive conduct upon which plaintiffs relied to their detriment ( see, Gershon v. Hertz Corp., 215 A.D.2d 202).
Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.