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TRIPLE CROWN AUTO, LTD. v. UTICA MUT. INS. CO.

233 A.D.2d 436 (1996)

650 N.Y.S.2d 27

Triple Crown Auto, Ltd., Respondent, v. Utica Mutual Insurance Company, Appellant

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

November 18, 1996

Ordered that the appeal from the order is dismissed as that order was superseded by the interlocutory judgment entered thereon; and it is further,

Ordered that the interlocutory judgment is reversed, so much of the order dated September 14, 1995, as granted the branch of the plaintiff's motion which was for partial summary judgment on the issue of liability and which dismissed the first and third affirmative defenses set forth in the answer is vacated, the first and...

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