Appellate Division of the Supreme Court of the State of New York May 2, 1985 (Oppedisano v. New York Mutual Underwriters)

Weiss, J.

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered May 11, 1984 in Albany County, which, inter alia, granted defendants’ motion for a protective order.

This is an action to recover upon a contract of fire insurance issued by defendants upon plaintiff’s two-family dwelling house which was damaged by fire.