Sappah v. Cambridge Mutual Fire Insurance

Appeal from an order of the Supreme Court at Special Term (Crangle, J.), entered August 9, 1983 in Essex County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs, owners of a two-story frame dwelling which was destroyed by fire on June 10,1981, have sued defendant upon a policy of insurance to recover the cost of the structure and personal property contained therein. After answering, defendant moved for summary judgment dismissing the complaint on the ground that plaintiffs’ failure to submit to an examination under oath as required by the terms and…