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BHUPSINGH v. COUNTRY-WIDE INSURANCE COMPANY

269 A.D.2d 552 (2000)

703 N.Y.S.2d 745

KOWSELIA BHUPSINGH, on Behalf of Herself and All Others Similarly Situated, Respondent, v. COUNTRY-WIDE INSURANCE COMPANY, Appellant.

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

Decided February 28, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court denied the defendant's motion on the ground that the defendant did not establish its entitlement to summary judgment.

The defendant, however, demonstrated through the affirmed medical reports of its examining physicians that the plaintiff was no longer disabled, and that it was entitled to discontinue her benefits (see,

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