Boyer v. New York Property Insurance Underwriters Ass'n

Order, Supreme Court, New York County (Callahan, J.), dated February 19, 1982 granting defendant’s motion for summary judgment and denying plaintiff’s cross motion for summary judgment, is unanimously modified, on the law and in the exercise of discretion, to the extent that defendant’s motion for summary judgment is denied, without prejudice to renewal after reasonable opportunity to plaintiff for further disclosure proceedings, and the order is otherwise affirmed, without costs. The action is on an alleged binder of a fire insurance policy and on an alleged fire insurance policy. The issue…