Opinion
March 7, 1994
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the order is affirmed insofar as appealed from by Merchants Mutual Insurance Company, with costs to the respondents payable by Merchants Mutual Insurance Company.
The plaintiffs' complaint presents a justiciable controversy as to whether the alleged incidents of food poisoning constituted "multiple occurrences" under the subject insurance policy. Accordingly, the Supreme Court properly denied the motion by Merchants Mutual Insurance Company to dismiss the complaint (see, CPLR 3001). Mangano, P.J., Pizzuto, Altman and Krausman, JJ., concur.