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RAQUET v. TRAVELERS CASUALTY AND SURETY COMPANY

2 A.D.3d 1310 (2003)

770 N.Y.S.2d 540

FRANK P. RAQUET et al., Respondents, v. TRAVELERS CASUALTY AND SURETY COMPANY, Formerly Known as AETNA CASUALTY AND SURETY COMPANY, Appellant.

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

December 31, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion seeking dismissal of the complaint for failure to state a cause of action (see CPLR 3211 [a] [7]). "In assessing a motion under CPLR 3211 (a) (7), . . . a court may freely consider affidavits submitted by the plaintiff to remedy any...

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