Ninth Federal Savings & Loan Ass'n v. New York Property Insurance 101 A.D.2d 739

Motion, insofar as it seeks reargument, granted (see 99 AD2d 456) and, upon reargument, matter remanded to Special Term for consideration of defendant’s motion to amend its answer and for consideration of defendant’s motion for *740summary judgment upon its ninth affirmative defense, in the event that Special Term determines to grant the first motion. Concur — Kupferman, J. P., Sullivan, Carro, Milonas and Kassal, JJ.