Rosario-Paolo, Inc. v. C & M Pizza Restaurant, Inc.

Copertino, J.,

dissents and votes to reverse the order insofar as appealed from, on the law, to grant that branch of the plaintiff’s motion which was for summary judgment against the defendant Investors Insurance Company of America, Inc., and to deny that defendant’s motion for summary judgment, with the following memorandum: I respectfully dissent. The majority correctly recognizes the existence of an equitable lien on the policy proceeds in favor of the plaintiff (see, e.g., Nor-Shire Assocs. v Commercial Union Ins. Co., 25 AD2d 868). Nevertheless, it permits a defeat of that lien based on…