Kiss Nail Products, Inc. v. CGU Insurance

In an action, inter alia, to recover damages for breach of an insurance policy, the defendant CGU Insurance Company, formerly known as General Accident Insurance Company, appeals from an order of the Supreme Court, Nassau County (Se-gal, J.), dated September 4, 2001, which denied its motion to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (1).

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, it was not entitled to dismissal of the complaint based upon documentary evidence of the subject insurance policy (see CPLR 3211 [a]…