Ryder Truck Rental, Inc. v Allstate Ins. Co.
2006 NY Slip Op 07341 [33 AD3d 687]
October 10, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 13, 2006


Ryder Truck Rental, Inc., Appellant,
v
Allstate Insurance Company et al., Respondents.

[*1]In an action to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered July 25, 2005, which denied its motion for summary judgment and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint.

Ordered that the order is affirmed, with costs to the defendant Allstate Insurance Company.

The Supreme Court properly denied the plaintiff's motion for summary judgment and, upon searching the record, awarded summary judgment to the defendants dismissing the complaint (see CPLR 3212 [b]). Crane, J.P., Goldstein, Rivera and Lifson, JJ., concur.