DAVIN v. PLYMOUTH ROCK ASSUR. CO. OF N.Y.

2021-04885, Index No. 34799/20.

2024 NY Slip Op 02687

DANIEL DAVIN, Respondent-Appellant, v. PLYMOUTH ROCK ASSURANCE CO. OF NEW YORK, FORMERLY KNOWN AS MAPFRE INSURANCE CO. OF NEW YORK, Appellant-Respondent.

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

Decided May 15, 2024.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale, NY ( Michael P. Versichelli and Cheryl F. Korman of counsel), for appellant-respondent.

Law Office of Jason Tenenbaum, P.C., Garden City, NY ( James F. Sullivan of counsel), for respondent-appellant.

Before: Mark C. Dillon, J.P., Linda Christopher, Barry E. Warhit, Carl J. Landicino, JJ.


DECISION & ORDER

In an action, inter alia, to recover damages for a violation of General Business Law § 349, the defendant appeals, and the plaintiff cross-appeals, from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated June 25, 2021. The order, insofar as appealed from, denied that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the cause of action alleging bad faith. The order, insofar as cross...

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