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GOV'T EMPLOYEES INS. CO. v. ARVELO

76 A.D.2d 854 (1980)

Government Employees Insurance Company, Respondent, v. Ernesto Arvelo, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1980

Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, order dated May 16, 1979 vacated insofar as it denied Arvelo's motion to dismiss the complaint and the motion to dismiss is granted.

Defendant Ernesto Arevlo, injured in an automobile accident, sought recovery of first-party benefits from plaintiff (GEICO) the insurer of one Molina. Upon GEICO'S disclaimer of liability based upon a purported cancellation of the driver's policy prior...

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