Blinco v. Preferred Mutual Insurance

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J), entered March 12, 2003. The order granted defendant’s motion to dismiss pursuant to CPLR 3211 for failure to comply with the terms of the insurance policy and denied plaintiffs’ cross motion seeking a protective order to limit the scope of an examination under oath.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the complaint is reinstated and the matter is remitted to Supreme Court, Niagara County, for…