Appellate Division of the Supreme Court of the State of New York November 13, 2000 (Vecchiarelli v. Continental Insurance)

—Order unanimously modified on the .law and as modified affirmed without costs in accordance with the following Memorandum: On December 5, 1992, plaintiffs residence was severely damaged by fire, and defendant insurer disclaimed coverage on October 13, 1993. Plaintiffs cause of action for breach of contract is the only cause of action that survived a prior appeal (Vecchiarelli v Continental Ins.