Warhoftig v. Allstate Insurance

Joy, J.,

concurs in part and dissents in part and votes to modify the order appealed from on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the first cause of action, and substituting therefor a provision denying that branch of the motion, and as so modified, to affirm the order appealed from, with the following memorandum, in which Miller, J., concurs. I concur in the analysis and conclusion of my colleagues that the second and third causes of action asserted in the complaint fail to state a cause of action. However, I would reinstate the…