Appellate Division of the Supreme Court of the State of New York February 24, 2011 (Petersen v. Metropolitan Life Insurance)

Judgment, Supreme Court, New York County (Bernard J. Fried, J.), entered May 12, 2009, dismissing the complaint, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered April 9, 2010, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.