JOHN v. STATE FARM MUT. AUTO. INS. CO.

2013-03187, Index No. 14694/11.

116 A.D.3d 1010 (2014)

983 N.Y.S.2d 883

2014 NY Slip Op 2905

DYRICK JOHN, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

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

Decided April 30, 2014.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On or about February 1, 2010, a vehicle owned by the plaintiff was stolen. The vehicle was insured by a policy of insurance issued by the defendant. After the defendant denied coverage for the claim, the plaintiff commenced this action on or about June 27, 2011, inter alia, to recover damages for breach of the subject insurance...

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