Azad v. Capparelli

In an action, inter alia, to recover damages for personal injuries, the defendant Utica National Insurance Group appeals from an order of the Supreme Court, Kings County (Schack, J.), dated July 20, 2007, which denied its motion pursuant to CPLR 3211 (a) (3) and (7) to dismiss the fifth and sixth causes of action.

Ordered that the order is reversed, on the law, with costs, that branch of the motion which was to dismiss the fifth and sixth causes of action pursuant to CPLR 3211 (a) (3) is granted, and the motion is otherwise denied as academic.

The plaintiff’s right of action against the…