Perez v. Geico Insurance

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered December 12, 2011, which denied its motion pursuant to CPLR 3012 (b) to dismiss the action for failure to serve a timely complaint, or, alternatively, pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, or, alternatively, pursuant to CPLR 3211 (c) for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant’s…