Appellate Division of the Supreme Court of the State of New York April 11, 2005 (Kahn v. Allstate Insurance)

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Skelos, J.), dated April 23, 2004, which denied his mo*409tion for summary judgment, granted the cross motion of the defendant Public Service Mutual Insurance Company for summary judgment dismissing the complaint insofar as asserted against it, and, upon searching the