Plaintiffs, owners of a two-story frame dwelling which was destroyed by fire on June 10, 1981, have sued defendant upon a policy of insurance to recover the cost of the structure and personal property contained therein. After answering, defendant moved for summary judgment dismissing the complaint on the ground that plaintiffs' failure to submit to an examination under oath as required by the terms and conditions of the policy barred any suit or action (see Insurance Law...
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