Rizzotto v. Allstate Insurance

—In an action to recover the proceeds of an automobile insurance policy, the defendant appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated November 2, 2001, which granted the plaintiffs motion, in effect, for leave to renew the defendant’s prior motion for summary judgment dismissing the complaint, and, upon renewal, vacated an order dated August 20, 2001, granting the motion, and denied the defendant’s motion for summary judgment.

Ordered that the order dated November 2, 2001, is reversed, on the law, with costs, the motion, in effect, for leave to renew is…