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BETTAN v. GEICO GENERAL INSURANCE COMPANY

296 A.D.2d 469 (2002)

745 N.Y.S.2d 545

MARIO BETTAN, Appellant, v. GEICO GENERAL INSURANCE COMPANY, Respondent.

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

Decided July 15, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

Accepting the allegations of the complaint as true and giving the plaintiff the benefit of every favorable inference, as we must on a motion pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 N.Y.2d 83, 87-88), we agree with the Supreme Court that causes of action two through seven in the complaint failed to state a cause of action.

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