Appellate Division of the Supreme Court of the State of New York September 24, 2009 (Twin City Fire Insurance v. State Insurance Fund)

— Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered on May 7, 2008, which granted plaintiff’s motion for summary judgment and denied defendant’s cross motion to dismiss the complaint, unanimously reversed, on the law, with costs, the motion denied, the cross motion granted, and the complaint dismissed, without prejudice. The Clerk is directed to enter judgment accordingly.