Appellate Division of the Supreme Court of the State of New York February 15, 2007 (Insurance Co. of State of Pennsylvania v. HSBC Bank USA)

Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 23, 2005, which, inter alia, granted plaintiff’s motion for summary judgment as to liability, and denied defendant’s motion for summary judgment dismissing the complaint, modified, on the law, that aspect of defendant’s motion which sought summary judgment dismissing the fifth cause of action granted, that cause of