Drysdale v. Allstate Froperty & Casualty Insurance

In an action, inter alia, to recover benefits under an automobile insurance policy, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated July 20, 2012, which denied her motion for summary judgment on the complaint and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s cross motion which was for summary judgment dismissing the first cause of action, and substituting therefor a provision denying that branch…