Tigue v. Commercial Life Insurance

Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment. The court erred, however, in granting defendants’ cross motion in its entirety and in *821dismissing the complaint in this declaratory judgment action rather than declaring the rights of the parties (see, Shields v City of Buffalo, 206 AD2d 921, 922, lv denied 84 NY2d 813). We modify the judgment appealed from, therefore, by granting in part defendants’ cross motion, reinstating the…