Opinion
Argued April 26, 2001.
September 17, 2001.
In an action, inter alia, to recover damages for an alleged violation of General Business Law — 349, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 6, 2000, as dismissed the sixth cause of action asserted in the complaint as time-barred.
Slavin, Angiulo Horowitz, LLP, Jericho, N.Y. (L. Susan Slavin and Michele Gapinski of counsel), for appellants.
Skadden, Arps, Slate, Meagher Flom, LLP, New York, N Y (Douglas W. Dunham, Sheila L. Birnbaum, and Gregory D. Shelton of counsel), for respondent Metropolitan Life Insurance Company. L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Peter D. Rigelhaupt of counsel), for respondents Klein Associates, Inc., and Joel Klein.
Before: GLORIA GOLDSTEIN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs' claim based on an alleged violation of General Business Law — 349 has yet to accrue, since the defendant Metropolitan Life Insurance Company has not demanded the payment of premiums after the date on which the premiums were allegedly to "vanish" (see, Gaidon v. Guardian Life Ins. Co. of Amer., 96 N.Y.2d 201).