Government Employees Insurance v. Desiderio

— In an action for a declaratory judgment, plaintiff appeals from an order of the Supreme Court, Kings County (Bonomo, J.), dated March 3, 1983, which denied its motion for summary judgment.

Order affirmed, with one bill of costs, without prejudice to renewal of the motion after completion of discovery proceedings instituted by Josephine Desiderio.

In our opinion the motion of plaintiff was properly denied in view of the need for Josephine Desiderio to conduct discovery proceedings to ascertain the pertinent facts concerning the issues of coverage and disclaimer, and because of the fact that,…