Franklin Holding Corp. (Delaware) v. National Union Fire Insurance Co. of Pittsburgh, Pa.

—Judgment, Supreme Court, New York County (Barry Cozier, J.), entered November 25, 1998, dismissing the complaint, and bringing up for review an order, same court and Justice, entered November 24, 1998, which, in an action by plaintiff insured against defendant insurer arising out of defendant’s disclaimer of coverage under a directors and officers policy, granted defendant’s motion to dismiss the complaint on the basis of documentary evidence, unanimously affirmed, with costs. Appeal from the order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The…