Legal Opinion
Vinci v. Westchester County Health Care Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 2008Published
1Opinion of the Court
In an action, inter alia, to recover damages for breach of an *600insurance contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated July 27, 2007, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), (5) and (7).
Ordered that the order is affirmed, with costs.
The plaintiff underwent an abdominoplasty on September 7, 2004 and the defendant insurer denied coverage for the procedure. More than two years later, on April 24, 2007, the plaintiff commenced this action seeking to recover damages for breach of the…
2Cases cited5 opinions
- Blitman Construction Corp. v. Insurance Co. of North AmericaNew York Court of Appeals · 1985
- Schunk v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Minichello v. Northern Assurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
- Saxena v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1996
- Spirig v. EvansAppellate Division of the Supreme Court of the State of New York · 2006