Schmitt v. North American Co. for Life & Health Insurance

*1008Appeal and cross appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 26, 2005. The order denied plaintiffs’ motions for summary judgment and defendant’s cross motions for summary judgment dismissing the complaints.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motions and dismissing the complaints and as modified the order is affirmed without costs.

Memorandum: The plaintiffs in action Nos. 1 and 2 commenced their respective actions to collect benefits under…