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PHOENIX ENTERS. LTD. P'SHIP v. INS. CO. OF NORTH AM.

130 A.D.2d 406 (1987)

Phoenix Enterprises Limited Partnership et al., Appellants, v. Insurance Company of North America, Appellant-Respondent and Interpleading Plaintiff-Appellant-Respondent. State of New York, Division of the Lottery, Interpleading Defendant-Respondent; Morgan Guaranty Trust Company of New York, Interpleading Defendant-Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 19, 1987

On review of the record, we agree that Special Term erred in granting summary judgment to INA as against Morgan Guaranty, holding that INA had properly negotiated the letters of credit. This issue was not specifically raised on any of the several motions before the court.

It appears from the record that there were three motions submitted to Special Term, one by the Division of the Lottery for summary judgment on its counterclaims against plaintiffs and INA, a cross...

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