Gross v. Aetna Casualty & Surety Co.

In an action to recover benefits under an underinsured motorist indorsement of an insurance policy, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), entered June 14, 1996, as granted that branch of the plaintiffs’ motion which was for summary judgment on the first cause of action in the complaint in the principal sum of $280,000.

*469Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant contends for the first time on appeal that the subject insurance policy’s $300,000 maximum limit of…