Ordered that the order is reversed insofar as appealed from, on the law, with costs, the provision thereof which conditionally granted that branch of the defendant's motion which was for summary judgment is deleted, that branch of the defendant's motion is granted unconditionally, and the complaint is dismissed.
The plaintiff owned property in Commack, New York, which was insured under a fire insurance policy issued by the defendant. On December 11, 1985, the building...
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