Caiola v. Allcity Insurance

—In an action to recover damages for breach of an insurance contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered December 23, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint and denied his cross motion for summary judgment on the complaint.

Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the defendant’s motion, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or…