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DIPASQUALE v. SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

293 A.D.2d 394 (2002)

740 N.Y.S.2d 626

CHRISTOPHER E. DIPASQUALE, Appellant, v. SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK et al., Respondents. SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. CHRISTOPHER E. DIPASQUALE, Appellant.

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

Decided April 25, 2002.

Since the insured did not attempt to defend his pleading but instead sought the amendment, we consider the insurers' motion to dismiss as directed to the proposed amendment (see, Sage Realty Corp. v Proskauer Rose, 251 A.D.2d 35, 38), which we reject as a mere repackaging of previously dismissed claims (283 A.D.2d 182, lv dismissed 97 N.Y.2d 653; see...

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