Allstate Insurance v. Kaywattie

In an action for a judgment declaring, inter alia, that a certain insurance policy was void ab initio, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated October 9, 2001, as denied that branch of its motion for summary judgment which was for a judgment declaring that a certain policy of insurance was void ab initio and, upon searching the record, dismissed the action as premature, without prejudice.

Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the action as premature,…