Electronic Realty Associates, Inc. v. Lennon

— In an action for a declaratory judgment and injunctive relief, the defendant appeals from so much of an order of the Supreme Court, Dutchess County, dated May 1, 1978, as (1) in part, denied his motion to dismiss the complaint or, in the alternative, for summary judgment, and (2) in part, granted the plaintiffs’ cross motion for summary judgment by (a) declaring that (i) the plaintiffs’ buyer protection plan is not an insurance contract within the meaning of the Insurance Law, (ii) the offer, issuance, and sale of the buyer protection plan "does not constitute an insurance business” and…