Opinion
No. 1625.
December 3, 2009.
Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 17, 2008, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion to dismiss defendant's defenses, unanimously affirmed, with costs.
Yoeli Gottlieb LLP, New York (Michael Yoeli of counsel), for appellant.
Begos Horgan Brown LLP, Bronxville (Patrick W. Begos of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.
Plaintiff's efforts to create an ambiguity in the insurance policy are unavailing ( see Moore v Kopel, 237 AD2d 124, 125). The term "disability period" as used in the policy is reasonably susceptible of only one meaning. An unsupported hearsay statement attributed by plaintiff to a purported agent of defendant neither changes the policy's terms nor renders them ambiguous ( see Kass v Kass, 91 NY2d 554, 566).
We have considered and rejected plaintiff's remaining contention.