Deck v. Merrimack Mutual Fire Insurance

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant for summary judgment seeking a declaration that it owed no obligation to indemnify plaintiffs under a policy of insurance issued by defendant to plaintiffs’ mortgagor, Louis Fumerelle. Defendant contends that, because plaintiffs failed to move for a deficiency judgment within 90 days after they obtained the mortgaged property at a foreclosure sale and received the Referee’s deed, their insurable interest in the property was extinguished (see, RPAPL 1371 [2], [3]; Moke Realty Corp. v…