72 A.D.2d 558 | N.Y. App. Div. | 1979
In an action to recover for a fire loss under a contract of insurance, plaintiff appeals from an order of the Supreme Court, Westchester County, entered April 10, 1979, which (1) denied his motion to dismiss the first four affirmative defenses asserted in the defendant’s answer and (2) granted the defendant’s cross motion to dismiss the complaint to the extent of directing the plaintiff to serve an amended complaint in which his wife is joined as a party plaintiff, if she consents to joinder, or to serve an amended complaint naming his wife as a party defendant if she refuses to join. Order modified, on the law, by (1) deleting therefrom the provision which granted the cross motion to the extent of directing the plaintiff to serve an amended complaint joining his wife and substituting therefor a provision denying the cross motion, and (2) deleting the provision which denied plaintiffs motion in its entirety and substituting therefor a provision granting the motion as to the first defense and otherwise denying the