Appellate Division of the Supreme Court of the State of New York August 6, 2001 (Alpha Auto Brokers, Ltd. v. Continental Insurance)

In an action to recover damages for breach of an insurance contract, the defendants appeal from (1) a judgment of the Supreme Court, Nassau County (Carter, J.), dated January 28, 2000, and (2) so much of an amended judgment of the same court, entered August 29, 2000, as upon, inter alia, the denial of their motion for judgment in their favor as a matter of law pursuant to CPLR 4401, and upon a