MVB COLLISION, INC., DOING BUSINESS AS MID ISLAND COLLISION, APPELLANT-res, v. ALLSTATE INSURANCE COMPANY, res-res

MVB COLLISION, INC., DOING BUSINESS AS MID ISLAND COLLISION, APPELLANT-res, v. ALLSTATE INSURANCE COMPANY, res-res — (INDEX NO. 11602/11)In an action, inter alia, to recover damages for tortious interference with contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Parga, J.), dated November 7, 2013, as granted those branches of the defendant's motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging negligence and violation of General Business Law §349, and denied that branch of its cross motion which was pursuant to CPLR 3012(d) for leave to amend those causes of action to plead additional factual allegations, and the defendant cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging tortious interference with contract.

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MVB COLLISION, INC., DOING BUSINESS AS MID ISLAND COLLISION, APPELLANT-res, v. ALLSTATE INSURANCE COMPANY, res-res — (INDEX NO. 11602/11)In an action, inter alia, to recover damages for tortious interference with contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Parga, J.), dated November 7, 2013, as granted those branches of the defendant’s motion which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging negligence and violation of General Business Law §349, and denied that branch of its cross motion which was pursuant to CPLR 3012(d) for leave to amend those causes of action to plead additional factual allegations, and the defendant cross-appeals, as limited by its brief, from so much of the same order as denied that branch of its motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging tortious interference with contract.

ORDERED that the order is modified, on the law and the facts, (1) by deleting the provision thereof granting that branch of the defendant’s motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of General Business Law §349, and substituting therefor a provision denying that branch of the defendant’s motion, and (2) by deleting the provision thereof denying that branch of the plaintiff’s cross motion which was for leave to amend the cause of action alleging violation of General Business Law §349 to plead additional factual allegations, and substituting therefor a provision granting that branch of the plaintiff’s cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

MVB COLLISION, INC., DOING BUSINESS AS MID ISLAND COLLISION, APPELLANT-res, v. ALLSTATE INSURANCE COMPANY, res-res

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