Appellate Division of the Supreme Court of the State of New York December 18, 1995 (Mercer v. New York Property Underwriting Ass'n)

—In *564an action to recover on a fire insurance policy, the defendant appeals (1) from an order of the Supreme Court, Westchester County (Silverman, J.), dated September 2, 1994, which denied its motion for summary judgment dismissing the complaint, and (2) as limited by its brief, from so much of an order of the same court, dated November 29, 1994, as, upon reargument, adhered to the prior