ABRUSCATO v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY

2016-09242. Index No. 3115/15.

165 A.D.3d 1209 (2018)

87 N.Y.S.3d 628

2018 NY Slip Op 07279

Giovanni Abruscato, Appellant, v. Allstate Property and Casualty Insurance Company, Respondent.

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

Decided October 31, 2018.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss so much of the first cause of action as sought to recover no-fault insurance benefits for medical expenses, and substituting therefor a provision denying that branch of the defendant's motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff allegedly sustained...

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