Gerald Monter v Massachusetts Mutual Life Insurance Company

Monter v Massachusetts Mut. Life Ins. Co. 2004 NY Slip Op 08842 [12 AD3d 650] November 29, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2005

Gerald Monter et al., Respondents,
v
Massachusetts Mutual Life Insurance Company, Appellant, et al., Defendants.

—[*1]In an action, inter alia, to recover damages for breach of contract and violation of General Business Law § 349, the defendant Massachusetts Mutual Life Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Peck, J.), dated February 7, 2003, as denied its motion to dismiss the fourth cause of action in the complaint alleging a violation of General Business Law § 349.

Ordered that the appeal is dismissed, without costs or disbursements, as the complaint was superseded by an amended complaint (see Monter v Massachusetts Mut. Life Ins. Co., 12 AD3d 651 [2004] [decided herewith]). Ritter, J.P., Luciano, Schmidt and Skelos, JJ., concur.