Maheu v. Long Island Railroad

—In an action, inter alia, to recover damages for breach of an insurance contract, the second third-party defendant, Royal Insurance Company of America, appeals from so much of an order of the Supreme Court, Nassau County (Collins, J.), dated April 1, 1996, as denied those branches of its motion which were to dismiss those causes of action in the second third-party complaint which were to recover damages for breach of contract and fraud insofar as asserted against it.

Ordered that the order is modified by deleting the provision thereof which denied that branch of the motion which was to…