Affatato v. Standard Fire Insurance

—In an action, inter alia, to recover damages for breach of a homeowner’s insurance policy, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County *265(Dunne, J.), entered January 12, 2000, as granted those branches of the plaintiff’s motion which were (1) pursuant to CPLR 3211 (b) and 3016 (b) to dismiss the defendant’s first through fifth affirmative defenses, and (2) pursuant to CPLR 3212 for partial summary judgment on the issue of liability on the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with…