From Casetext: Smarter Legal Research

Randazzo v. Gerber Life Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 485 (N.Y. App. Div. 2004)

Opinion

2002-10655.

Decided January 12, 2004.

In an action to recover damages for a violation of General Business Law § 349, breach of contract, breach of the implied covenant of good faith and fair dealing and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered October 15, 2002, which granted the defendant's motion pursuant to CPLR 3211(a)(1) to dismiss the complaint.

Goodkind Labaton Rudoff Sucharow, LLP, New York, N.Y. (Louis Gottlieb, Christopher J. Keller, Stacey Fishbein, and Weinstein Kitchenoff Scarlato Goldman Ltd. [Mark S. Goldman and Robert S. Kitchenoff] of counsel), for appellant.

Dewey Ballantine, LLP, New York, N.Y. (James P. Smith III, Richard W. Reinthater, and John E. Schreiber of counsel), for respondent.

Before: HOWARD MILLER and SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Pursuant to CPLR 3211(a)(1), dismissal of the complaint is warranted where the documentary evidence resolves all factual issues as a matter of law and definitively disposes of the asserted claims ( see Bank v. Lake, 284 A.D.2d 355; Roth v. Goldman, 254 A.D.2d 405; Gephardt v. Morgan Guar. Trust Co. of N.Y., 191 A.D.2d 229). In the instant case, the plaintiff alleges that the subject insurance policy did not properly disclose that there would be a period of days, weeks, or months during which no coverage existed. However, the policy clearly states when coverage is to begin and when premiums are due. Thus, the Supreme Court properly granted the defendant's motion to dismiss the complaint.

The plaintiff's remaining contentions are without merit.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.


Summaries of

Randazzo v. Gerber Life Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 485 (N.Y. App. Div. 2004)
Case details for

Randazzo v. Gerber Life Ins. Co.

Case Details

Full title:GWENDOLYN Y. RANDAZZO, ETC., appellant, v. GERBER LIFE INSURANCE COMPANY…

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

Date published: Jan 12, 2004

Citations

3 A.D.3d 485 (N.Y. App. Div. 2004)
769 N.Y.S.2d 753

Citing Cases

Topel v. Reliastar Life Ins. Co. of N.Y

Pursuant to CPLR 3211(a)(1), dismissal of a complaint is warranted where the documentary evidence resolves…

St. Paul Fire & Marine Ins. v. RepWest Ins. Co.

It is undisputed that St. Paul did not exhaust the limits of its policy in settling the underlying action.…