New York Court of Appeals
Frank J. Gaidon, Respondents v. Guardian Life Insurance Company of America, Appellant; Marie E. Russo…
May 8, 200196 N.Y.2d 201
Summary
The Court held that General Business Law § 349 claims are governed by the three‑year statute of limitations in CPLR 214(2) and that the cause of action accrues when plaintiffs are first asked to pay additional premiums beyond the promised vanishing date. Accordingly, the Appellate Division's order was affirmed in Gaidon and reversed in Russo.