RODRIGUEZ v. ALLSTATE INS. CO.

10515/2010

33 Misc.3d 827 (2011)

931 N.Y.S.2d 462

2011 NY Slip Op 21277

MILAGROS RODRIGUEZ, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

Supreme Court, Kings County.

Decided July 27, 2011.


Attorney(s) appearing for the Case

Peter C. Merani, P.C., New York City ( Samuel A. Kamara of counsel), for defendant. Stephen Zeitlin , Brooklyn, for plaintiff.


OPINION OF THE COURT

FRANCOIS A. RIVERA, J.

By notice of motion filed on February 10, 2011, defendant Allstate Insurance Company moves under motion sequence one for an order dismissing plaintiff's second and third causes of action pursuant to CPLR 3211 (a) (7) because they fail to state a cause of action.1 Plaintiff opposes the motion.

Background

On or about May 17, 2010, plaintiff filed a summons and verified...

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