New Island Investors v. Insurance Company of North America

In an action, inter alia, to impress a trust upon the proceeds of a policy of fire insurance, defendant Barton appeals from an order of the Supreme Court, Nassau County, dated October 5, 1977, which denied his motion (1) to amend his answer so as to interpose a defense of discharge in bankruptcy and (2) for summary judgment. Order modified, on the law, without costs or disbursements, by deleting so much thereof as denied the branch of the motion which sought leave to amend the answer and substituting therefor a provision granting that branch of the motion, upon the condition that appellant…