Sanginito v National Grange Mut. Ins. Co., 2008 NY Slip Op 07060 [54 AD3d 625]

September 25, 2008

Appellate Division, First Department

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Litchfield Cavo LLP, New York (Vincent J. Velardo of counsel), for appellants.

Law Office of Eric N. Wolpin, New York (Thomas G. Connolly of counsel), for respondent.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered August 30, 2007, which denied plaintiffs’ motion for summary judgment, unanimously affirmed, without costs.

There are unresolved questions of fact as to whether the business purpose of and work performed by plaintiffs excluded them from coverage under defendant’s policy. Concur—Lippman, P.J., Williams, Moskowitz and Acosta, JJ.

Reargument granted, and upon reargument, the decision and order of this Court entered on June 10, 2008 (52 AD3d 267 [2008]) recalled and vacated and a new decision and order substituted therefor..