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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ap, v. DONALD SHANLEY res

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ap, v. DONALD SHANLEY res — (ACTION NO. 2)

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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ap, v. DONALD SHANLEY res — (ACTION NO. 2)

(INDEX NOS. 6354/96, 30679/10)In an action, inter alia, to recover damages for breach of contract (Action No. 1), and a related action to set aside alleged fraudulent conveyances pursuant to Debtor and Creditor Law article 10 (Action No. 2), which were joined for trial, the plaintiff in Action No. 2 appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Garguilo, J.), dated March 29, 2012, as granted those branches of the motion of the defendants in Action No. 2 Vita Shanley and First Recovery Services, Inc., and the separate motion of the defendant in Action No. 2 Donald Shanley, which were pursuant to CPLR 3211(a)(7) to dismiss the complaint in Action No. 2 insofar as asserted against each of them, denied its cross motion for summary judgment on the complaint in Action No. 2, and, sua sponte, vacated an order of the same court dated February 6, 2012.

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