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KORN v. FIRST UNUM LIFE INSURANCE COMPANY

277 A.D.2d 355 (2000)

717 N.Y.S.2d 606

JONATHAN A. KORN, Appellant, v. FIRST UNUM LIFE INSURANCE COMPANY, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 20, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's sixth cause of action, alleging a violation of General Business Law § 349, was properly dismissed for failure to state a cause of action (see, CPLR 3211 [a] [7]). Viewing the complaint with the assumption that all the allegations contained therein are true (see, Becker v Schwartz, 46 N.Y.2d 401, 408; Sotomayor v Kaufman...

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