Leon Sylvester, Inc. v. Aetna Casualty & Surety Co.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered November 17, 1994, which, in an action to recover the proceeds of a fire insurance policy, granted defendant’s motion for summary judgment dismissing the complaint, and order, same court and Justice, entered April 14, 1995, which, insofar as appealable, denied defendant’s motion for renewal, unanimously affirmed, with costs.

Plaintiff’s attempts to correct the misstatements of its assignor at his first examination under oath that he was the true owner of the subject property and used his own funds for its purchase, in a…