Appellate Division of the Supreme Court of the State of New York October 31, 2005 (Zawahir v. Berkshire Life Insurance)

In an action, inter alia, to recover damages for breach of certain insurance policies, the defendant appeals from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated December 23, 2003, as denied that branch of its motion which was pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action, without prejudice to renew upon completion of discovery.