Petersen v Metropolitan Life Ins. Co., 2011 NY Slip Op 01417 [81 AD3d 573]

February 24, 2011

Appellate Division, First Department

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Lynch Daskal Emery LLP, New York (Jason Kaufman of counsel), and Miller Schirger, LLC, Kansas City, MO (John J. Schirger of the Bar of the State of Missouri admitted pro hace vice, of counsel), for appellant. SNR Denton US LLP, New York (Reid L. Ashinoff of counsel), for respondent.

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.

The motion court correctly determined that plaintiff’s proposed reading of the cost of term insurance section of the policy he purchased would fail to give full meaning to the section and the required force and effect to every sentence contained therein ( see Laba v Carey , 29 NY2d 302, 308 [1971]). The cost of term insurance is plainly set by reference to all the policy cost factors, including mortality, persistency and expenses.

We have considered the remaining arguments and find them unavailing. Concur—Andrias, J.P., Catterson, Moskowitz and RomÁn, JJ..