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UNITRIN ADVANTAGE INS. CO. v. 21ST CENTURY PHARMACY, INC.

6511, 155860/16.

161 A.D.3d 495 (2018)

73 N.Y.S.3d 435

2018 NY Slip Op 03438

Unitrin Advantage Insurance Company, Respondent, v. 21st Century Pharmacy, Inc., et al., Defendants, and Innovative Health Chiropractic, P.C., et al., Appellants.

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

Decided May 10, 2018.

Supreme Court correctly decided the motion brought by defendants, i.e., to dismiss for failure to state a cause of action (CPLR 3211 [a] [7]; see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). On appeal, defendants rely on the standard for deciding a motion for summary judgment (CPLR 3212) and improperly attempt to shift their burden as movants onto...

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