Qiu v. Livingston Mutual Insurance

—Appeal from a judgment (denominated order) of Supreme Court, Livingston County (Alonzo, J.), entered February 21, 2002, which, inter alia, granted the mo*1105tion of defendant Livingston Mutual Insurance Company for summary judgment and dismissed the complaint against it.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant Livingston Mutual Insurance Company as follows:

It is adjudged and declared that defendant Livingston Mutual Insurance…