Falco v. Allstate Insurance

Appeal and cross appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered September 12, 2008 in a personal injury action. The judgment and order granted in part and denied in part defendant’s motion to dismiss the complaint.

It is hereby ordered that the judgment and order so appealed from is unanimously modified on the law by granting the motion in its entirety and dismissing the complaint and as modified the judgment and order is affirmed without costs.

Memorandum: Even accepting all of the facts alleged by plaintiff in his complaint as true…