SIMMONS v. ALLSTATE INDEMNITY COMPANY

2012-03727

112 A.D.3d 611 (2013)

975 N.Y.S.2d 899

2013 NY Slip Op 8069

MARGRIE SIMMONS, Appellant, v. ALLSTATE INDEMNITY COMPANY, Defendant, and JAMES E. Fox AGENCY, INC., Respondent.

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

Decided December 4, 2013.


In an action, inter alia, to recover damages for negligence, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered March 7, 2012, as, upon reargument, in effect, vacated the determination in an order entered October 6, 2011, denying those branches of the prior motion of the defendant James E. Fox Agency, Inc., which were pursuant to CPLR 3211 (a) to dismiss the causes of action alleging negligent...

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