Mistretta v. Hartford Accident & Indemnity Co.

—In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated October 19, 1999, as, upon reargument, adhered to a prior order of the same court dated March 8, 1999, denying its motion for summary judgment dismissing the complaint.

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

The defendant moved for summary judgment on the grounds that the plaintiffs willful refusal to answer questions or produce his tax returns constituted a breach of the…