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RAGINS v. HOSPITALS INSURANCE COMPANY, INC.

2011-06924.

96 A.D.3d 819 (2012)

947 N.Y.S.2d 136

2012 NY Slip Op 4729

HERZL RAGINS, Respondent, v. HOSPITALS INSURANCE COMPANY, INC., et al., Appellants.

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

June 13, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the defendants' motion which were pursuant to CPLR 3211 (a) (1) and (5), in effect, to dismiss so much of the complaint as sought to recover damages for breach of the subject insurance policy and for a judgment declaring that they are not obligated to indemnify the plaintiff for costs and the remaining amount of unpaid interest...

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