Scalia v. Equitable Life Assurance Society of United States

—In an action to obtain benefits pursuant to a disability income insurance policy, the defendant Equitable Life Assurance Society of United States appeals from so much of an order of the Supreme Court, Suffolk County (Hall, J.), dated October 22, 1998, as granted the plaintiffs cross motion for summary judgment on the complaint to the extent of determining that the language “loss of sight” in the subject insurance policy is ambiguous and may be interpreted either as a loss of sight in one eye or a loss of sight in both eyes.

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