Washington Mutual Bank, F.A. v. Allstate Insurance

In an action to recover damages for breach of an insurance contract, the defendant appeals from an order of the Supreme Court, Nassau County (Feinman, J.), dated January 24, 2007, which denied its motion for leave to amend its answer to assert a fourth affirmative defense and for summary judgment dismissing the complaint based on the proposed fourth affirmative defense, and granted the plaintiffs cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiffs failure to properly move for the entry of a deficiency judgment within 90…