Bakos v. New York Central Mutual Fire Insurance

Peradotto, J. (dissenting).

I respectfully dissent because I agree with defendant that Supreme Court erred in denying its motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7). Plaintiff commenced this action seeking, inter alia, a declaration that defendant is “obligated to perform its obligation under the [homeowners’ insurance p]olicy” that it issued to plaintiff. According to plaintiff, defendant was obligated to provide coverage with respect to the reconstruction of plaintiffs residence, which was destroyed by fire. The loss settlement provision of the policy states that…