PATRICIA SIMMONS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


16 A.D.3d 1117 (2005)

790 N.Y.S.2d 901

PATRICIA SIMMONS et al., Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

March 18, 2005.


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

Memorandum:

Plaintiffs commenced this action after defendant refused to continue providing no-fault insurance benefits to Patricia Simmons (plaintiff). Defendant moved for summary judgment dismissing the complaint, and Supreme Court granted defendant's motion only in part, denying the motion with respect to the first cause of action...

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