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MOTORS INSURANCE CORP. v. MAUTONE

41 A.D.3d 800 (2007)

839 N.Y.S.2d 507

MOTORS INSURANCE CORP., Appellant, v. NEIL MAUTONE et al., Respondents.

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

Decided June 26, 2007.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants' cross motion which were for leave to amend their answer to raise collateral estoppel as an affirmative defense and for summary judgment dismissing the complaint, and substituting therefor a provision denying those branches of the cross motion; as so modified, the order is affirmed insofar as appealed from...

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