In Gaidon v. Guardian Life Ins. Co. (96 N.Y.2d 201, 210) the Court reasoned that since General Business Law 349 prohibits deceptive business practices and affords a private cause of action to any person injured by such practices, a cause of action under this section accrues when plaintiff becomes injured by the prohibited deceptive act or practice. In Gaidon (at 206), plaintiff alleged that defendant Guardian Life "engaged in deceptive marketing and sales practices in promoting sales of its 'vanishing premium' policies through agents' representations and personalized graphic illustrations showing that, after a specified period, 'the policy's dividends would thereafter cover the premium costs.' " Defendants in Gaidon moved to dismiss on statute of limitations grounds contending since the unambiguous written policy differed significantly from the sales promotion and provided that all earlier representations merged into the policy, "each plaintiff's injury occurred when the inferior policy was delivered, triggering accrual of the statutory cause of action and the three-year period of limitations at that moment in time." (Id., at 211.) The Gaidon Court rejected the insurers' argument, finding that plaintiffs' injuries occurred when they were first called upon to pay additional premiums beyond the date by which they were led to believe that policy dividends would be sufficient to cover all premium costs. In so holding, the Gaidon Court wrote, "Because the gravamen of the complaints of General Business Law 349 violations was not false guarantees of policy terms, but deceptive practices inducing unrealistic expectations of continuing interest/dividend rate performance to fully offset premiums at the projected date, plaintiffs suffered no measurable damage until the point in time when those expectations were actually not met, and they were then called upon either to pay additional premiums or lose coverage and forfeit the premiums they previously paid. Thus, we conclude, the date when those additional premiums were demanded triggered the Statute of Limitations." (Id., at 211-212.)