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SERRANO v. PROGRESSIVE INS. COMPANIES

2013-05872

123 A.D.3d 1000 (2014)

997 N.Y.S.2d 328

2014 NY Slip Op 08975

PATRICIA SERRANO et al., Respondents, v. PROGRESSIVE INSURANCE COMPANIES et al., Appellants.

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

Decided December 24, 2014.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

The plaintiffs commenced this action to recover damages for breach of an insurance contract, alleging that they had submitted a valid claim for uninsured motorist benefits to the defendants, and the defendants had refused to pay the claim. The Supreme Court should have granted the defendants' motion pursuant to CPLR 3211...

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