Appealing a determination of fact.

Practice point: The Supreme Court determined that the defendant's disclaimer of coverage was untimely, and the defendant appealed from so much of the order as made that determination. The appeal was dismissed because findings of fact and conclusions of law are not independently appealable.

Student note: To the extent that the defendant raises an argument on appeal regarding its motion for leave to amend its answer, that motion was not addressed by the Supreme Court, and, thus, remains pending and undecided.

Case: Baez v. First Liberty Ins. Corp., NY Slip Op 04118 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motions to dismiss.