Opinion
April 26, 1993
Appeal from the Supreme Court, Orange County (Hickman, J.).
Ordered that the order dated November 23, 1990, is affirmed, without costs or disbursements; and it is further,
Ordered that the order dated May 17, 1991 is affirmed, without costs or disbursements.
Contrary to the defendant's contentions, Young was properly afforded one last opportunity to cure her breach within 30 days after she initially failed to provide it with specific items of documentation pursuant to her fire insurance policy (see, 232 Broadway Corp. v Calvert Ins. Co., 149 A.D.2d 694; Pogo Holding Corp. v New York Prop. Ins. Underwriting Assn., 73 A.D.2d 605, 606; Mortgagee Affiliates Corp. v Commercial Union Ins. Co., 27 A.D.2d 119, 121-122). Moreover, the defendant has failed to come forward with sufficient proof to warrant granting a motion for summary judgment on the ground that Lorraine Young made fraudulent statements and concealed facts during her examination under oath (see, Simcuski v Saeli, 44 N.Y.2d 442; Ausch v St. Paul Fire Mar. Ins. Co., 125 A.D.2d 43; Saks Co. v Continental Ins. Co., 26 A.D.2d 540, affd 23 N.Y.2d 161).
Further, the additional evidence submitted by the defendant in support of its motion for leave to renew was insufficient to warrant a different result (see, Laxrand Constr. Corp. v R.S.C.A. Realty Corp., 135 A.D.2d 685, 686). Therefore, the Supreme Court properly denied the defendant's motion to renew. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.