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CABRERA v. ALLSTATE INS. CO.

23 Misc.3d 71 (2009)

JOSE CABRERA et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, First Department.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Subin Associates, L.L.P., New York City (Jeremy L. Greenstein of counsel), for appellants. Mead, Hecht, Conklin & Gallagher, LLP, Mamaroneck (Elizabeth M. Hecht of counsel), for respondent.

McKEON, P.J., SCHOENFELD and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered November 14, 2007, reversed, with $10 costs, motion denied and complaint reinstated.

In this action to recover uninsured motorist benefits arising out of a vehicular accident which occurred in Bronx County, defendant moved for, and was granted, summary dismissal of the complaint on the ground that the forum selection clause in the governing automobile insurance policy mandated the removal of the action...

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