Superintendent of Insurance v. Kenny

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 3, 2003, which denied defendant’s motion for summary judgment and granted plaintiffs cross motion for summary judgment to the extent of awarding the principal sum of $47,916.68 on the second cause of action, unanimously modified, on the law, defendant’s motion granted to the extent of dismissing the first cause of action, and otherwise affirmed, except that portion of the appeal directed to the partial summary judgment granted to plaintiff unanimously dismissed, as superseded by the appeal from the subsequent…