Appellate Division of the Supreme Court of the State of New York May 24, 2004 (Rodriguez v. Metropolitan Property & Casualty Insurance)

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated August 5, 2003, as denied that branch of its motion which was, in effect, for summary judgment dismissing the complaint.