Topper v. Mutual Life Insurance

Resettled order, New York County, entered October 18, 1977, denying defendant’s motion for summary judgment dismissing the first and second causes of action in the complaint, denying plaintiff’s cross motion for summary judgment on the first cause but granting the cross motion on the second cause unanimously modified, on the law, by reversing so much thereof as granted plaintiffs cross motion on the second cause, by denying that branch of the cross motion, and by granting *933defendant’s motion for summary judgment dismissing and severing the first and second causes of action in the complaint,…