Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Plaintiff sued defendant to recover on an insurance policy for loss sustained in a burglary at her apartment. Defendant refused payment, alleging as a first affirmative defense that plaintiff did not submit proof of loss within 60 days of defendant's demand as required by the policy. Special Term properly denied summary judgment to defendant, but improperly...
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