Summary
In Franco and Katz, the Appellate Division granted plaintiffs' motion for leave to appeal to this Court and certified the following question: "Was the order of this Court, which affirmed the order of the Supreme Court, properly made?"
Summary of this case from Goldman v. Metropolitan LifeOpinion
3290
December 28, 2004.
Order, Supreme Court, New York County (Herman Cahn, J.), entered January 28, 2003, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
Before: Mazzarelli, J.P., Andrias, Sullivan and Marlow, JJ.
For the reasons stated by Justice Sullivan in Katz v. American Mayflower Life Ins. Co. (___ AD3d ___, 2004 NY Slip Op 09719 [2004]), we uphold the Supreme Court's dismissal of plaintiffs' complaint.