Appellate Division of the Supreme Court of the State of New York February 25, 2002 (Johnson v. State Farm Mutual Automobile Insurance)

—In an action to recover damages for breach of an insurance contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Burke, J.), which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.