Allstate Insurance v. De Cesare

James J. Cónroy, J.

Motion by the defendant Charles De Cesare, Jr., to dismiss the complaint for legal insufficiency.

The plaintiff, who insured the automobile of the moving defendant, brings this action for a declaratory judgment that its assured breached his policy obligations to the plaintiff insofar as the co-operation clause thereof is concerned, and that, therefore, the plaintiff is not required to defend an action pending in the City Court of the City of New York, County of New York, and/or to pay any judgment or portion thereof that may be recovered therein. That action was brought by…