Key Bank, N.A. v. New York Central Mutual Fire Insurance

Appeal from an order of the Supreme Court (Doran, J.), entered March 31, 1988 in Albany County, which denied a motion by defendant New York Central Mutual Fire Insurance Company to dismiss the cross claim of defendants Raymond J. Rogers and Hilda Rogers for failure to prosecute.

*848In June 1984, the residence of defendants Raymond J. Rogers and Hilda Rogers (hereinafter defendants) was destroyed by fire. Defendants subsequently filed a claim with defendant New York Central Mutual Fire Insurance Company (hereinafter the carrier) for the proceeds of an insurance policy it had issued covering the…