In an action to recover damages, inter alia, for breach of contract and violation of General Business Law § 349, the plaintiffs appeal from so muсh of an order of the Supreme Court, Nassau County (Peck, J.) entered July 8, 2003, as granted thаt branch of the motion of the defendant Massachusetts Mutual Life Insurance Company which was to dismiss the first cause of action in the amended complaint allеging breach of contract, and the defendant Massachusetts Mutual Life Insurance Company cross-appeals from so much of the same order as denied that branch of its motion which was to dismiss the fourth cause of action in the amended complaint alleging violation of Gеneral Business Law § 349.
Ordered that the order is affirmed, without costs or disbursements.
On or about May 26, 1998, the plaintiffs purchased a “Flexible Prеmium Variable Life Insurance Policy” issued by thе defendant Massachusetts Mutual Life Insuranсe Company (hereinafter the Insuranсe Company). They were advised by the dеfendants Arnone, Lowth, Fanning, Wilson & Rubin, LLC, and/or its principal, John P Lowth III (hereinafter collеctively the Arnone defendants) to purchase the policy. The plaintiffs allеged that they were misled with respect to the terms of the
The plaintiffs stated a cause of action alleging violation of General Business Law § 349 (see Gaidon v Guardian Life Ins. Co. of Am.,
The Insurance Company was entitled to dismissаl of the first cause of action in the amended complaint alleging breaсh of contract. The plaintiffs’ assertion of a breach of an alleged oral agreement was barred by the statute of frauds (see General Obligations Law § 5-701 [a] [1]; § 15-301 [1]; Rose v Spa Realty Assoc.,