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VECCHIARELLI v. CONTINENTAL INSURANCE COMPANY

277 A.D.2d 992 (2000)

716 N.Y.S.2d 524

JAMES VECCHIARELLI, Appellant, v. CONTINENTAL INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: On December 5, 1992, plaintiff's residence was severely damaged by fire, and defendant insurer disclaimed coverage on October 13, 1993. Plaintiff's cause of action for breach of contract is the only cause of action that survived a prior appeal (Vecchiarelli v Continental Ins. Co., 216 A.D.2d 909, 910). Plaintiff...

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