Baez v. First Liberty Insurance

In an action, inter alia, to recover under an insurance policy, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.), dated March 1, 2011, as, upon denying those branches of the plaintiff’s cross motion which were for summary judgment on the first and fourth causes of action, determined that the defendant’s disclaimer of coverage was untimely.

Ordered that the appeal is dismissed, with costs.

The plaintiff sought coverage under an insurance policy issued by the defendant, and when the defendant disclaimed coverage, the…