Order unanimously affirmed, with costs.
Memorandum:
Defendant insurance company appeals from an order denying its motion for summary judgment dismissing plaintiff's action upon a fire insurance policy issued by the company. In making its motion, defendant relied upon the provisions of the standard fire insurance policy (Insurance Law § 168 [5]) that void the policy if the fire occurs when the premises have been unoccupied for a period in excess of 60...
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