Saba v. Utica Fire Insurance

— Order unanimously modified on law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court erred in granting plaintiff’s motion for partial summary judgment and directing plaintiff to submit to an examination under oath pursuant to the insurance policy. When plaintiff commenced this declaratory judgment action, he served, along with a summons and complaint, an order to show cause seeking an immediate declaration of rights and partial summary judgment. No basis exists in the Civil Practice Law and Rules for such a motion before issue has been joined.…