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Scotland v Allstate Ins. Co. (2005 NY Slip Op 51888(U))
[*1]


Decided on November 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: November 4, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ. 2005-316 Q C
Stanley Scotland, Appellant,
against
Allstate Insurance Company, Respondent.
Appeal from an order of the Civil Court of the City of New York, Queens County (Charles John Markey, J.), entered November 18, 2003. The order denied plaintiff's motion to dismiss certain affirmative defenses.
Order unanimously affirmed without costs.
Plaintiff commenced the instant action to recover damages for personal injuries he allegedly sustained as a result of an accident which occurred in Queens. He sought to recover under the uninsured motorist endorsement of his automobile liability policy based upon the negligence of an
file:///C|/Users/Peter/Desktop/NY/2/2005_51888.htm[4/21/2013 2:31:34 PM] Scotland v Allstate Ins. Co. (2005 NY Slip Op 51888(U))
uninsured motorist, as defined by said policy. The policy was issued in Virginia. Defendant insurer, in its answer, interposed various [*2] affirmative defenses, including three which alleged, in substance, that the action was barred or limited based upon plaintiff's failure to sustain a "serious injury" as defined by Insurance Law

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