Appellate Division of the Supreme Court of the State of New York March 13, 2000 (Baghaloo-White v. Allstate Insurance)

—In an action to recover damages for breach of an insurance policy, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated January 25, 1999, as granted that branch of the plaintiff’s motion which was for summary judgment dismissing the fifth and sixth affirmative defenses in its answer.