COHEN v. PAUL


11 A.D.3d 502 (2004)

782 N.Y.S.2d 850

BENNY COHEN, Respondent, v. JOSEPH L. PAUL et al., Defendants, and ALLSTATE INSURANCE COMPANY, Appellant.

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

October 12, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The Supreme Court erred in not dismissing the complaint against the defendant Allstate Insurance Company (hereinafter Allstate). Neither the pleadings nor the plaintiff's responding submissions in opposition to Allstate's motion included factually-reasonable allegations that Allstate was...

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