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NEW YORK CASUALTY INSURANCE COMPANY v. KUSHNER

284 A.D.2d 902 (2001)

725 N.Y.S.2d 920

NEW YORK CASUALTY INSURANCE COMPANY, Appellant, v. LEONID KUSHNER, Respondent.

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

Decided June 8, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff contends that Supreme Court erred in denying its motion for summary judgment and in granting defendant's cross motion for summary judgment dismissing the complaint. We agree with plaintiff that the court erred in granting defendant's cross motion, and thus we modify the order by denying the cross motion...

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