| Chisom v Columbia Mut. Life Ins. Co. |
| 2012 NY Slip Op 09186 [101 AD3d 656] |
| December 27, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ann Chisom, Appellant, v Columbia Mutual Life Insurance Co., Respondent. |
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Gold Benes LLP, Bellmore (Jeffrey B. Gold of counsel), for respondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 20, 2011, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant demonstrated that it paid plaintiff the full benefit of her late husband's life insurance policy and that therefore there was no breach of contract. We reject plaintiff's attempt to assert a cause of action for tortious conduct based on defendant's initial conclusion that the policy had lapsed and its ensuing, very brief, investigation, which resulted in the issuance of a check to plaintiff (see Royal Indem. Co. v Salomon Smith Barney, 308 AD2d 349 [1st Dept 2003]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Moskowitz, DeGrasse, Manzanet-Daniels and Clark, JJ.