Dixon v. Empire Mutual Insurance

In an action on a fire insurance policy, defendant appeals from an order of the Supreme Court, Kings County, dated June 8, 1976, which (1) granted plaintiffs’ motion for summary judgment on the issue of liability and (2) set the matter down for an assessment of damages. Order affirmed, with $50 costs and disbursements. In the opinion of this court, no triable issue as to liability has been raised. Hopkins, Acting P. J., Martuscello, Cohalan, Margett and Shapiro, JJ., concur.