Desiderio v. Geico General Insurance

In an action, inter alia, to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Nassau County (Murphy, J.), entered October 11, 2012, which denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by a release.

Ordered that the order is affirmed, with costs.

On April 19, 2010, a vehicle struck the plaintiff’s house, crashed through the bedroom wall, and came to rest on top of the bed in which the plaintiff was sleeping. At the time of the incident, the plaintiff was insured by the defendant under a Family…