In lieu of answering the complaint in this declaratory judgment action concerning plaintiff's entitlement to SUM benefits, defendant insurer moved to dismiss pursuant to CPLR 3211 (a) (7), arguing that the allegations of the complaint itself established that plaintiff was not entitled to such benefits as a matter of law. The IAS court granted the motion, relying on a provision of the first-party personal injury coverage portion of plaintiff's policy requiring that notice...
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