Jacob Wertheimer Et Al. v. New York Property Insurance Underwriting Association Et Al‪.‬

Order, Supreme Court, New York County (Fraiman, J.) entered on January 2, 1981, which denied defendant appellants motion for renewal, unanimously reversed, on the law, without costs or disbursements, the motion to renew granted and upon renewal, plaintiffs motion for summary judgment on the issue of liability denied and defendants cross motion to depose a nonparty witness granted. The appeal from the order of said court entered October 3, 1980, is dismissed as academic. The plaintiffs are the owners of a business known as the "House of Woven Novelties Company", which was substantially destroyed by fire on February 2, 1977. The plaintiffs commenced this action seeking to recover for this fire loss under an insurance [85 A.D.2d 540 Page 541]