Breed v. Insurance Co. of North America

— Appeal (1) from an order of the Supreme Court at Special Term, entered November 13, 1979 in Rensselaer County, which granted defendant’s motion for summary judgment and denied plaintiffs’ cross motion to amend their complaint, and (2) from the judgment entered thereon. On October 11, 1969 the defendant issued a policy of insurance covering plaintiffs’ premises. Among other hazards, the policy insured against loss by theft by a tenant in the covered property. A second policy, not containing coverage for tenant theft, was issued on October 11, 1972, *676the date the first policy expired.…