Contreras v. Allstate Insurance

— In an action to recover under an automobile insurance policy providing collision coverage, the defendant insurer appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Marbach, J.), dated June 26, 1985, which is in favor of the plaintiff and against it in the principal sum of $11,592.

Ordered that the order and judgment is affirmed, with costs.

The trial court properly denied the defendant’s motion to dismiss the complaint at the conclusion of the plaintiff’s case. When viewed in the light most favorable to the plaintiff, the evidence established that he…