Gross v. Allstate Insurance

In an action, inter alia, to recover the proceeds of an insurance policy, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Copertino, J.), entered January 8, 1990, which, upon the plaintiffs’ motion for preliminary injunctive relief, converted the action to one for declaratory relief and declared that the plaintiffs are entitled to first-party benefits pursuant to the policy of insurance issued by the defendant to the plaintiff Linda Gross.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to Supreme Court, Suffolk County, for…