Mattice v. Amica Mutual Insurance

OPINION OF THE COURT

Lawrence E. Kahn, J.

This is a motion for an order pursuant to CPLR 3211 (subd [a], par 7) and subdivision 1 of section 675 of the Insurance Law, dismissing those portions of plaintiff’s complaint seeking attorneys’ fees on behalf of plaintiff, incurred in the prosecution of this action upon the grounds that said pleading fails to state a cause of action.

The action seeks a declaration that defendant has wrongfully failed to pay certain no-fault benefits allegedly due and owing to plaintiff pursuant to a policy of insurance issued by defendant resulting from an automobile…