Triple Crown Auto, Ltd. v. Utica Mutual Insurance

In an action to recover proceeds allegedly due under a policy of commercial property insurance, the defendant appeals (1) as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated September 14, 1995, as granted the branch of the plaintiff’s motion which was for partial summary judgment on the issue of liability and dismissed the first and third affirmative defenses set forth in the answer, and (2) from an interlocutory judgment of the same court, dated October 20, 1995, entered thereon.

Ordered that the appeal from the order is dismissed as that…