Longobardi v. New York Merchant Bakers Mutual Fire Insurance

—In an action to recover insurance proceeds pursuant to a commercial lines insurance policy, (1) the defendant appeals from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated March 22, 1996, as denied that branch of its motion which was for summary judgment dismissing the complaint, and (2) the plaintiff cross-appeals from so much of the same order as granted that branch of the defendant’s motion which was to amend its answer to include the affirmative defense of material misrepresentation.

*388Ordered that the order is affirmed, without costs or disbursements.

The…