Cariello v. Northern Insurance

Defendant Northern Insurance Company of New York (hereinafter referred to as “Northern”) moves to dismiss the complaint on the grounds that plaintiff, has no legal capacity to sue; that the court lacks jurisdiction over the subject matter of the action; that the complaint fails to state a cause of action, and that documentary evidence exists providing a defense thereto. Defendant moves pursuant to rule 3211 of the Civil Practice Law and Buies.

This is an action for a declaratory judgment on a policy of fire insurance covering a house, its contents, a garage, and loss of use and rental value.…