Rodriguez v. Metropolitan Property & Casualty Insurance

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated August 5, 2003, as denied that branch of its motion which was, in effect, for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was, in effect, for summary judgment is granted, and the complaint is dismissed.

*776The defendant issued an auto insurance policy to the plaintiff Fidelio Rodriguez…