The Firm obtained a complete dismissal on behalf of its client, a national life insurance company, in the Supreme Court of New York, New York County (Bannon, J.). Plaintiff brought claims for breach of contract and fraud, alleging that the Firm’s client improperly terminated a rider on his life insurance policy. The Firm argued that any breach of contract claim based on the termination, which occurred eight years prior to plaintiff’s commencement of the action, was barred by New York’s six-year statute of limitations. As to the fraud claim, the Firm argued that it was simply the contract claim restated and improperly characterized so as to avoid dismissal on statute of limitations grounds. In any event, the Firm argued, a fraud claim could not be maintained for the separate an independent reasons that plaintiff did not plead justifiable reliance on any misrepresentation, nor did he plead fraud with the level of particularity required under New York law. On the strength of the Firm’s motion, the New York Supreme Court dismissed both of plaintiff’s claims.
