It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reinstating the third and ninth affirmative defenses and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover proceeds under a policy of insurance issued by defendant covering a residence damaged by a fire on June 1, 2000 and destroyed by a second fire on June 6, 2000. Defendant denied coverage...
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