MEMORANDUM
SMALKIN, District Judge.
This case is before the Court on the defendant's motion to dismiss, which has been fully briefed. No oral argument is necessary. The case involves a health insurance contract rescinded after almost a year, on account of alleged misrepresentations by the insured in procuring the policy. The plaintiff has abandoned Counts III and IV of his complaint, thereby mooting so much of the motion as relates to those counts.
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