RANDAZZO v. GERBER LIFE INSURANCE COMPANY


3 A.D.3d 485 (2004)

769 N.Y.S.2d 753

GWENDOLYN Y. RANDAZZO, Appellant, v. GERBER LIFE INSURANCE COMPANY, Respondent.

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

January 12, 2004.


Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3211 (a) (1), dismissal of the complaint is warranted where the documentary evidence resolves all factual issues as a matter of law and definitively disposes of the asserted claims (see Bank v Lake, 284 A.D.2d 355 [2001]; Roth v Goldman, 254 A.D.2d 405 [1998]; Gephardt v Morgan Guar. Trust

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