MARKS v. NATIONWIDE MUTUAL INSURANCE COMPANY

We affirm. Resolution of this matter is governed by this Court's prior decision in Normile v. Allstate Ins. Co. ( 87 A.D.2d 721, affd on mem below 60 N.Y.2d 1003), and our review of the record leads us to conclude that Supreme Court properly granted defendant's motion to dismiss the complaint.

Cardona, P.J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, without costs.