Opinion
8461 Index 652486/13
02-21-2019
MANO ENTERPRISES, INC., Plaintiff–Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant–Respondent.
Thompson Hine, New York (Maranda Fritz of counsel), for appellant. d'Arcambal Ousley & Cuyler Burk LLP, New York (Michelle J. d'Arcambal of counsel), for respondent.
Thompson Hine, New York (Maranda Fritz of counsel), for appellant.
d'Arcambal Ousley & Cuyler Burk LLP, New York (Michelle J. d'Arcambal of counsel), for respondent.
Renwick, J.P., Tom, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Andrea Masley, J.), entered January 11, 2018, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.We previously determined that an issue of fact existed as to whether defendant appropriately refused to process the assignment of the subject policy (see 143 A.D.3d 597, 39 N.Y.S.3d 754 [1st Dept. 2016] ). Plaintiff has not demonstrated that this issue has been resolved since our prior decision.
We have considered plaintiff's remaining arguments and find them unavailing.