Insurance Co. of North America v. Hellmer

—In a subrogation action to recover the proceeds of a fire insurance policy, the defendants Jennie A. Hellmer and Brian Hellmer, d/b/a Heinz Delicatessen, appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated July 19, 1993, which granted the motion of the plaintiff Insurance Company of North America a/s/o Richard York of Riverhead, Inc., to amend the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

A commercial building owned by Richard York of River-head, Inc. (hereinafter York), was destroyed by a fire on November 23,…