Waskiewicz v. New York Central Mutual Fire Insurance

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: *945Supreme Court properly denied plaintiffs’ motion for summary judgment. The court erred, however, in granting defendant’s cross motion for summary judgment insofar as it sought dismissal of the complaint and in failing to declare the rights of the parties (see, Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We therefore modify the judgment by denying defendant’s cross motion for summary judgment insofar as it sought dismissal of…