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CASALE v. PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY

276 A.D.2d 459 (2000)

714 N.Y.S.2d 102

DEBORAH CASALE, Appellant-Respondent, v. PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY, Respondent-Appellant.

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

Decided October 2, 2000.

Ordered that the cross appeal is dismissed, as the portion of the order cross-appealed from is not appealable as of right and leave to appeal has not been granted (see, Sainz v New York City Health & Hosps. Corp., 106 A.D.2d 500); and it is further,

Ordered that the order is reversed insofar as appealed from, with costs, and the motion for summary judgment is granted.

In her application for an occupational disability...

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