Appellate Division of the Supreme Court of the State of New York March 29, 2001 (Lumbermens Mutual Casualty Co. v. Nespolini)

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 18, 2000, which, to the extent appealed from as limited by the briefs, denied petitioner’s motion for a framed issue hearing on the basis that no issues of fact exist, unanimously reversed, on the law and the facts, without costs, and the motion granted to the extent of remanding this matter to the motion court to