Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff filed a claim for property damage under the collision damages portion of her automobile insurance policy issued by the defendant. Her claim, minus a $500 deductible, was paid by the defendant. Thereafter, the plaintiff commenced this action, inter alia, to recover the $500 deductible, and the defendant moved pursuant to CPLR 3211 (a) (1) and (7) to dismiss the amended complaint...
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