Appellate Division of the Supreme Court of the State of New York November 10, 2005 (Elm Insurance v. GEICO Direct)

Order, Supreme Court, New York County (Richard B. Lowe, III, J), entered August 24, 2004, which, to the extent appealed *220from, denied so much of defendant-appellant’s motion as sought dismissal of the complaint as against it, unanimously modified, on the law, to grant appellant’s motion insofar as to dismiss the fourth cause of action, sounding in breach of contract, and otherwise affirmed,