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CALABRO v. GENERAL INSURANCE COMPANY OF AMERICA

23 A.D.3d 326 (2005)

803 N.Y.S.2d 441

LAURA CALABRO, Respondent, v. GENERAL INSURANCE COMPANY OF AMERICA, Doing Business as SAFECO, Appellant.

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

November 7, 2005.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, the documentary evidence tendered in support of that branch of its cross motion which was, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the complaint "failed to resolve all factual issues and conclusively dispose of the plaintiff's claims as a matter of law" (Wright v Evanston Ins. Co., 14 A.D.3d 505

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