Gibbs v. Country-Wide Insurance

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly concluded that plaintiff was bound by the power of attorney provision in the premium finance agreement and that the policy of insurance was properly canceled on April 26, 1994, pursuant to Banking Law § 576. The court erred, however, in dismissing the complaint rather than declaring the rights of the parties (see, Maurizzio v Lumbermens Mut. Cas. Co., 73 NY2d 951, 954; Seven-son Hotel Assocs. v Stranges, 262 AD2d 957; Pless v…