Nationwide Mutual Insurance v. Allstate Insurance

—Spain, J.(1) Cross appeals from a judgment of the Supreme Court (Hughes, J.), entered September 29, 1994 in Albany County, which, inter alia, partially granted a cross motion by defendant Allstate Insurance Company for summary judgment and dismissed the first and second causes of action of the complaint against it, and (2) appeal from a judgment of said court, entered December 22, 1994 in Albany County, which, upon reargument, inter alia, dismissed the remaining cause of action of the complaint against said defendant.

Michael Zullo obtained a loaner car, while his car was being repaired, from…