Day v. One Beacon Insurance

Appeal from an order of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), entered July 29, 2011 in a breach of contract action. The order, insofar as appealed from, granted plaintiffs motion to dismiss defendant’s first through fifth affirmative defenses and denied defendant’s cross motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiffs motion is denied, defendant’s cross motion is granted and the amended complaint is dismissed.

Memorandum: Plaintiff…