Korn v. First UNUM Life Insurance

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals (1), as limited by his brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Donovan, J.), entered September 24, 1999, as denied his cross mo*357tion for summary judgment on the complaint, and (2) from an order of the same court, entered September 24, 1999, which denied his motion to preclude the defendant First UNUM Life Insurance Company from using certain affidavits and exhibits in support of its motion for summary judgment dismissing the complaint insofar as…