Orr v. Continental Casualty Co.

In an action, inter alia, for a judgment declaring that the defendant is obligated to defend the plaintiff in an action brought against him by third parties, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered June 30, 1992, which, sua sponte, treated the defendant’s motion for clarification of an order of the same court entered November 20, 1991, granting the plaintiff’s motion for partial summary judgment on his third cause of action, as a motion to reargue and, upon reargument, denied summary judgment.

Ordered that the order is affirmed, with…