Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs sought damages based on defendant insurer's alleged "breach of contract" in issuing a check for insurance proceeds to copayees not named in the policy. The check was issued 18 months after the loss, but was not cashed. The court erred in denying the motion of defendant to amend its answer pursuant to CPLR 3025 (b) to assert that plaintiffs...
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