GUTIERREZ v. GOVERNMENT EMPLS. INS. CO.

2015-03923, Index No. 10781/14.

136 A.D.3d 975 (2016)

25 N.Y.S.3d 625

2016 NY Slip Op 01292

TOMMY GUTIERREZ, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided February 24, 2016.


In an action to recover damages for breach of the terms of an insurance policy and breach of the implied covenant of good faith and fair dealing, the defendant appeals from an order of the Supreme Court, Kings County (Toussaint, J.), dated February 11, 2015, which denied its motion pursuant to CPLR 3211(a)(7) to dismiss the plaintiff's second and third causes of action.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that...

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