RANDAZZO v. GERBER LIFE INS. CO

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Pursuant to CPLR 3211(a)(1), dismissal of the complaint is warranted where the documentary evidence resolves all factual issues as a matter of law and definitively disposes of the asserted claims ( see Bank v. Lake, 284 A.D.2d 355; Roth v. Goldman, 254 A.D.2d 405; Gephardt v. Morgan Guar. Trust Co. of N.Y., 191 A.D.2d 229). In the instant case, the plaintiff alleges that the subject insurance policy did not properly disclose that there would be a period of days, weeks, or months during which no coverage existed. However, the policy clearly states when coverage is to begin and when premiums are due. Thus, the Supreme Court properly granted the defendant's motion to dismiss the complaint.

The plaintiff's remaining contentions are without merit.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.