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ASHKIN v. NEW YORK LIFE INS. CO.

168 A.D.2d 475 (1990)

Michael Ashkin et al., Respondents, v. New York Life Insurance Company, Appellant

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

December 10, 1990

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Contrary to the plaintiffs' contention, the record reveals the existence of triable issues of fact warranting the denial of their renewed motion for partial summary judgment (see generally, Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851; Zuckerman v City of New York, 49 N.Y.2d 557)...

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