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AA ACUPUNCTURE v. SAFECO INS.

570276/08

25 Misc.3d 30 (2009)

887 N.Y.S.2d 739

AA ACUPUNCTURE SERVICE, P.C., as Assignee of DUPONT-DESIR IVROSE, et al., Respondents, v. SAFECO INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court, Appellate Term, First Department.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Katten Muchin Rosenman LLP, New York City (James Tampellini of counsel), for appellant.

Edward Shapiro, P.C., Wantagh (Michael C. Rosenberger of counsel), for respondents.

HEITLER, J.; McKEON, P.J., concurs in a separate memorandum.

OPINION OF THE COURT

HEITLER, J.

Order, entered February 25, 2008, reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted. The clerk is directed to enter judgment accordingly. Appeal from order, entered March 17, 2008, dismissed, without costs, as academic.

Although Vehicle and Traffic Law § 313 does not permit an insurer to cancel an automobile...

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